HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-002I
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Temp. Reso # 12699 - Jan. 13, 2016
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016- OA
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, ACCEPTING A GRANT AWARD IN THE
AMOUNT OF $50,000 FROM THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A PROJECT
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION AND THE CITY OF TAMARAC
FOR GRANT FUNDING IN THE AMOUNT OF $50,000 FOR THE
DEVELOPMENT OF SUNSET POINT PARK PHASE 2;
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 (FDEP), through the
Florida Recreation Development Assistance Program (FRDAP), provides grants to local
governments to acquire or develop land for public outdoor recreation; and
WHEREAS, the City of Tamarac was awarded a FRDAP Program grant for the
development of Sunset Point Park Phase 2 as indicated in the July 9, 2015 correspondence
from FDEP attached hereto as Exhibit A which is incorporated herein by this reference; and
WHEREAS, the Director of Financial Services and the Director of Parks and Recreation
recommend acceptance of these grant funds and execution of the project agreement between
FDEP and the City of Tamarac for development of Sunset Point Park Phase 2 in the amount of
Temp. Reso # 12699 — Jan. 13, 2016
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$50,000, and is attached hereto as Exhibit B which is incorporated herein by this reference;
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 accept FRDAP grant funding and
to execute the FRDAP grant agreement in the amount of $50,000 for the development of Sunset
Point Park Phase 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
Section 1: That the foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as
being true and correct and are HEREBY made a specific part of this Resolution. All Exhibits
attached hereto are incorporated herein and made a specific part of this Resolution. 4
Section 2: The City Commission of the City of Tamarac HEREBY accepts the FRDAP grant
award of $50,000 from FDEP.
Section 3: The appropriate City Officials are HEREBY authorized to accept the FRDAP grant
award and execute the grant agreement between the City of Tamarac and FDEP in the amount
of $50,000 for the development of Sunset Point Phase 2.
Section 4: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed
to the extent of such conflict.
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Temp. Reso # 12699 - Jan. 13, 2016
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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 L,3 day of *,-qa 2016.
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7ATRICIA TEUFEL
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
Y�4'_A_X' �,,
SAfAUEL Sr. GORE
CITY ATTORNEY
Y DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
-�
DIST 2: COMM. GOMEZ
-�
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. PLACKO
• Michael Gresek
From:
Bright, Angie <Angie.Bright@dep.state.fl.us>
Sent:
Thursday, July 09, 2015 10:29 AM
Bright, Angie; Baldwin, Town of (lulah@comcast.net); cityoflawtey@embargmail.com;
To:
Bonifay, City of (rjones@wfeca.net); leemanager@leeflo(da.org; Bowling Green, City of
oconerly@bowlinggreenfl.org); chick. hitchcock@cityofmad isonfl.com;
brad_carter@bradfordcountyfl.gov; melt@mexicobeachgov.com;
brian.watkins@ci.milton.fl.us; Noma, Town of (wfe@digitalexp.com); Orange park, Town
of (thyder@townop.com); Ponce de Leon, Town of (townpol@gmail.com); Santa Rosa,
County (sheilaf@santarosa.fl.gov); Southwest Ranches, Town of
(emccord@swranches.org); Michael Gresek; Trenton, City of
(tbrown@trentonflorida.org); Wausau, Town of (wausau@Wfeca.net);
mpeavy@wildwood-fl.gov; codeenforcement@townofzolfo.com; Lake Hamilton, City of
(plan ner@townoflakehamilton.co m); City Manager; mayor@ keycolonybeach.net;
kswartzlander@hollyhillfl.org; gracevilleclerk@wfeca.net, Bobby Crosby;
Grivera@fortlauderdale.gov; Cottondale, City of (theresa@cityofcottondale.net);
Cinco Bayou, Town of (nelldykes@cincobayou.com); Chipley, City
ccityhall@cfl.rr.com;
of (pyates@cityofChipley.com); Kristin Brown; bhickle@cityofbushnellfl.com;
Subject:
ljwilliams@bunnellcity.us
IMPORTANT - FRDAP Award Announcement (FY 2015-2016) &Work Plan Information
Request
Attachments:
BLANK FRDAP Project Work Plan.docx
Importance:
High
Follow Up Flag:
Follow up
• Due By:
Monday, July 13, 2015 1130 AM
Flag Status:
Flagged
July 9, 2015
Hello:
Congratulations! Your application(s) has been selected by the 2015 Legislature for funding. The
Legislature has given the FRDAP grants $5,491,500. The language for this appropriation directs the
funds to all of the projects in the Small Project Development category ($50,000 or less).
In an effort to be ready to hit the road running come August 19', our office will need to update the
attached information that was submitted with your application. This will be Attachment 1 to your
project agreement.
Please review your proposed elements or facilities to be built as listed in your application and
transfer that information to the project Work Plan. What you list on your Work Plan will
dictate what costs you will be reimbursed for when your project has been completed.
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Peease email me your information by July 31, 2015. If you have questions, email
angje.bright@dej2.state.fl.us or call (850) 245-2501.
Best Regards,
Angela Bright
Community Assistance Consultant
Land and Recreation Grants
3900 Commonwealth Blvd., MS 585
Tallahassee, FL 32399-3000
Main: 850-245-2501
angie.briaht@der).stoteJl.us
Please take our Customer Survey to provide feedback on our services/
Office of Operations Customer Survey
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Service.
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February 24, 2016
Mr. Michael Gresek
Grants Administrator
City of Tamarac
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Re: Sunset Point Park Phase II
FRDAP Project No. A16019
Dear Mr. Gresek:
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Jonathan P. Steverson
Secretary
The attached contains the fully executed grant agreement for the above referenced project.
Moreover, please visit our website at www.dep.state.fl.us/parks/OIRS, to read and familiarize
yourself with the FRDAP Florida Administrative Rule, the required Commencement
Documentation Checklist, as well as the Project Status Report Form.
In addition, the Reimbursement Schedules and the Project Completion Documentation Checklist
can be found on our website when that time approaches.
This information has been provided on the website for your review, as it will be extremely
helpful and ensure compliance with the administrative requirements of this grant.
Reminders:
1. Construction cannot begin until all project commencement documentation has been
submitted and approved by this office. This process should be completed by
March 24, 2016; again the commencement checklist and other forms may be found at
www.dep.state.fl.us/parks/oirs under FRDAP Administrative Forms.
2. Quarterly status reports are required - January 5, May 5, and September 5. Please be sure
to summarize work accomplished, problems encountered (if any), and provide color
photographs of development progression.
www. dep.statefl. us
Mr. Michael Gresek
Page Two
February 24, 2016
3. The Department will not process your reimbursements request until the Grantee
completes the project and staff reviews and approves all Completion Documentation and
the final as -built product.
4. The project should be completed before the completion date set forth in the grant
agreement (April 30, 2018) and all reimbursement requests and closeout documents
submitted within thirty days after completion.
If you have any questions, please contact our office at (850) 245-2501. We look forward to
working with you on this project.
Sincerely,
Feb 24 2016 1:42 PM
X *U ph�' -/ —
Bright A cOsi8n
Angela Bright
Community Assistant Consultant
Land and Recreation Grants Section
Office of Operations
Florida Department of Environmental Protection
Mail Station #585
AB/
Attachment (1)
wives.dep.statc, l.us
DEP AGREEMENT NO. A6019
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
AGREEMENT FOR FISCAL YEAR 2015-2016
DEVELOPMENT OF LAND FOR PUBLIC RECREATION PURPOSES
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department") and the CITY OF TAMARAC, whose address is 7525 NW
88th Avenue, Tamarac, FL 33321 (hereinafter referred to as "Grantee"), a local government, in furtherance of an
approved public outdoor recreation project known as Sunset Point Park Phase H, Project Number A16019.
Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Party". For
purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably.
In consideration of the mutual covenants contained herein and pursuant to Florida Statute, section 375.075,
OUTDOOR RECREATION; FINANCIAL ASSISTANCE TO LOCAL GOVERNMENTS, and Florida
Administrative Code, chapter 6213-5, the parties hereto agree as follows:
TERMS OF AGREEMENT:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, more fully described in "Attachment A, Grant Work Plan", including all attachments and
exhibits named herein, which are attached hereto and incorporated by reference.
Administrative Forms and Reimbursement Forms referenced in this Agreement may be found at
www.dgp.state.fl.us/parks/oirs/ or by contacting the Department's Grant Manager.
Prior to commencement of project, the Grantee shall submit to Department for approval all documentation
and completion of responsibilities listed on "Attachment B, Commencement Documentation Checklist"
attached hereto and incorporated by reference. Upon satisfactory approval by the Department, the
Department will issue written notice to Grantee to commence the project. Unless and until the Department
issues written notice of approval authorizing Grantee to commence the project, Grantee shall not incur nor
charge, and the Department shall not be obligated to pay or reimburse Grantee for fees, cost, or general
expenses of any kind, which incurred during the commencement approval period.
Land owned by the Grantee, which is developed or acquired with grant 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 Florida
Administrative Code, section 62D-5.059(1). 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 public for a
minimum period of twenty-five (25) years from the completion date set forth in the project completion
certificate. The project site(s) shall be open at reasonable times and shall be managed in a safe and attractive
manner. This Agreement is not transferable.
2. PERIOD OF AGREEMENT:
This Agreement shall become effective upon execution by both parties and the Grantee shall complete
development of the project site by April 30, 2018 and shall remain in effect until, inclusive.
DEP.FRDAP Agreement: A6019 Page 1 of 13
FINAL.9.1.15
3. FUNDING/CONSIDERATION/INVOICING:
The Grantee shall be eligible for authorized reimbursement, in whole or in part, for cost pursuant to FRDAP
guidelines regarding approved pre -agreement costs, through the expiration date of this Agreement, provided
that the cost(s) meet all requirements and financial reporting of the FRDAP program and, rules and
regulations applicable to expenditures of State funds, hereby adopted and incorporated by reference.
A. As consideration for satisfactory performance rendered by the Grantee under FRDAP guidelines
and the terms of this Agreement, the Department shall pay the Grantee on a reimbursement basis up
to a maximum of $50,000.00. It is understood that any additional funds necessary for the completion
of this project are the responsibility of the Grantee. It is further understood that grant funds may be
revised by the Department due to the availability of program funds. Grant awards are contingent
upon appropriation by the Legislature. The parties hereto understand and agree that this Agreement
does not require a match on the part of the Grantee.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement. Changes to approved budget categories within a single deliverable that are less than
10% of the total approved deliverable budget amount will require a formal Change Order to the
Agreement. Changes that are 10% or greater of the total approved deliverable budget amount, or
changes that transfer funds from one deliverable to another deliverable, or changes that increase or
decrease the project's total funding amount will require a formal Amendment to the Agreement.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of each deliverable identified in Attachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment C,
"Payment Request Summary Form". To be eligible for reimbursement, costs must be in
compliance with laws, rules and regulations applicable to expenditures of State funds, including,
but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: http•//www.myfloridacfo.com/aadir/reference guide/. All invoices for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and
post -audit thereof. A final payment request should be submitted to the Department no later than
sixty (60) calendar days following the completion date of the Agreement, to assure the availability
of funds for payment. All work performed pursuant to Attachment A must be performed on or
before the completion date of the Agreement, and/or pursuant to the FRDAP guidelines.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth
in Attachment D, Contract Payment Requirements. The Payment Request Summary Form shall
be accompanied by supporting documentation and other requirements as follows for each
deliverable:
i. Salaries/Wages — The Grantee may be reimbursed for direct salaries or multipliers (i.e.,
fringe benefits, overhead, indirect, and/or general and administrative rates) for Grantee's
employees, as listed in Attachment C.
ii. Overhead/Indirect/General and Administrative Costs — All multipliers used (i.e., fringe
benefits, overhead, indirect, and/or general and administrative rates) shall be supported by
audit. If the Department determines that multipliers charged by the Grantee exceeded the
rates supported by audit, the Grantee shall be required to reimburse such funds to the
Department within thirty (30) calendar days of written notification. Interest on the
excessive charges shall be calculated based on the prevailing rate used by the State Board
of Administration.
a. Fringe Benefits — Shall be calculated at the rate up to 40% of direct salaries
DEP.FRDAP Agreement: A6019 Page 2 of 13
FINAL.9.1.15
b. Indirect Cost — Shall be calculated at the rate of 15% of direct cost.
iii. Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours spent on the project.
All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
calendar days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. For fixed -price
(vendor) subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed -price subcontracts to
consultants/contractors in performing the work described in Attachment A.
Invoices submitted to the Department for fixed -price subcontracted activities
shall be supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process (i.e., Invitation to Bid
or Request for Proposals) resulting in the fixed -price subcontract.
b. The Grantee may request approval from the Department to award a fixed -price
subcontract resulting from procurement methods other than those identified
herein. In this instance, the Grantee shall request the advance written approval
from the Department's Grant Manager of the fixed price negotiated by the
Grantee. The letter of request shall be supported by a detailed budget and Scope
of Services to be performed by the subcontractor. Upon receipt of the
Department Grant Manager's approval of the fixed -price amount, the Grantee
may proceed in finalizing the fixed -price subcontract.
C. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
iv. Rental/Lease of Equipment — Include copies of invoices or receipts to document charges.
E. In addition to the invoicing requirements contained herein, 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 thirty (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).
State guidelines for allowable costs can be found in the Department ofFinancial Services' Reference
Guide for State Expenditures at http://www.myfloridacfo.com/aadir/reference_ uide/.
F. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for separately.
Grantees are prohibited from commingling funds on either a program -by -program or a
project -by -project basis. Funds specifically budgeted and/or received for one project may
not be used to support another project. Where a Grantee's, or subrecipient's, accounting
system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a
system to provide adequate fund accountability for each project it has been awarded.
ii. If the Department finds that these funds have been commingled, the Department shall have
the right to demand a refund, either in whole or in part, of the funds provided to the Grantee
under this Agreement for non-compliance with the material terms of this Agreement. The
DEP.FRDAP Agreement: A6019 Page 3 of 13
FINAL.9.1.15
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 based on the prevailing rate used by the State
- - - Board of Administration.- Interest shall be calculated from the date(s). the original-
payment(s) are received from the Department by the Grantee to the date repayment is made
by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed
by the Department, from another source(s), the Grantee shall reimburse the Department for
all recovered funds originally provided under this Agreement. Interest on any refund shall
be calculated based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to
the date repayment is made to the Department by the Grantee.
G. If the total cost of the project exceeds the grant amount, and/or the required match, as applicable, the Grantee
must pay the excess cost.
4. ANNUAL APPROPRIATION:
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a
commitment of future appropriations. Authorization for continuation and completion of work and payment
associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative
appropriations are reduced or eliminated.
5. REPORTS:
A. The Grantee shall utilize Attachment E, "Project Status Report", to describe the work performed
during the reporting period, problems encountered, problem resolution, schedule updates and
proposed work for the next reporting period. The Project Status Reports shall be submitted to the
Department's Grant Manager no later than twenty (20) calendar days following the completion of
the reporting period. It is hereby understood and agreed by the parties that the term "reporting
period" shall reflect the reporting period ending May 5, September 5 and January 5. The
Department's Grant Manager shall have thirty (30) calendar days to review the required reports and
deliverables submitted by the Grantee.
6. RETAINAGE:
The Department shall retain ten percent of the grant until the Grantee completes the project and the
Department approves the completion documentation, pursuant to FRDAP requirements and additionally set
forth in paragraphs 62D-5.058(6)(g) and (7)(d), Florida Administrative Code.
INDEMNIFICATION:
Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees
and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768.28, Florida Statutes. Further, nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter
arising out of any contract or this Agreement.
8. DEFAULT/TERMINATION/FORCE MAJEURE:
A. The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or misleading
in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this
Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written
notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s) for termination.
DEP.FRDAP Agreement: A6019 Page 4 of 13
FINAL.9.1.15
a`
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty
(30) calendar day's written notice. If the Department terminates the Agreement for convenience, the
Department shall notify the Grantee of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated. If the
Agreement is terminated before performance is completed, the Grantee shall be paid only for that
work satisfactorily performed for which costs can be substantiated.
C. Records made or received in conjunction with this Agreement are public records. This Agreement
may be unilaterally canceled by the Department for unlawful 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 and subject to disclosure under Chapter 119, Florida Statutes
(F.S.), and Section 24(a), Article I, Florida Constitution.
D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated
length and cause of the delay, the measures taken or to be taken to minimize the delay and the
Grantee's intended timetable for implementation of such measures. If the parties agree that the
delay or anticipated delay was caused, or will be caused by a force majeure, the Department may,
at its discretion, extend the time for performance under this Agreement for a period of time equal to
the delay resulting from the force majeure upon execution of an amendment to this Agreement.
Such agreement shall be confirmed by letter from the Department accepting, or if necessary,
modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial
disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion,
failure to receive timely necessary third party approvals through no fault of the Grantee, and any
other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably
within the control of the Grantee and/or the Department. The Grantee is responsible for the
performance of all services issued under this Agreement. Failure to perform by the Grantee's
consultant(s) or subcontractor(s) shall not constitute a force majeure event.
9. REMEDIES/FINANCIAL CONSEQUENCES:
No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed for
submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) calendar days
of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within
the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for
failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance
under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to
the Department. All OAPs must be able to be implemented and performed in no more than sixty (60) calendar
days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing
whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have
ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised
proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result
in the Department's termination of this Agreement for cause as authorized in this Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP
by the Department does not relieve the Grantee of any of its obligations under the Agreement. In
the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department
shall retain the right to require additional or further remedial steps, or to terminate this Agreement
for failure to perform. No actions approved by the Department or steps taken by the Grantee shall
preclude the Department from subsequently asserting any deficiencies in performance. The Grantee
DEP.FRDAP Agreement: A6019 Page 5 of 13
FINAL.9.1.15
shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of
the CAP will be made to the Department as requested by the Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement.
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
10. RECORD KEEPING/AUDIT:
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 (5) years following the completion
date of the Agreement. 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 understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department's Inspector General in any investigation, audit, inspection, review, or hearing. The
Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any,
impose this requirement, in writing, on its subcontractors.
11. SPECIAL AUDIT REQUIREMENTS:
A. In addition to the requirements contained herein, the Grantee shall comply with the applicable
provisions contained in Attachment F, "Special Audit Requirements", attached hereto and made
a part hereof. Exhibit 1 to Attachment F summarizes the funding sources supporting the
Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment
F. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which
authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit
1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-
2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment F, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether
the relationship represents that of a subrecipient or vendor. For state financial assistance, the
Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient
vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms"
section appearing at the following website:
https:Hgps.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
12. SUBCONTRACTS:
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the
Department within ten (10) calendar days after execution of the subcontract.
DEP.FRDAP Agreement: A6019 Page 6 of 13
FINAL.9.1.15
Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed
under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work
elements included in any subcontract and agrees to be responsible for the payment of all monies
due under any subcontract. It is understood and agreed by the Grantee that the Department shall
not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and
that the Grantee is responsible for the expenses and liabilities incurred under any contracts that the
Grantee enters into with its subcontractors.
B. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. A list of minority owned firms that could be offered subcontracting opportunities
may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which
50 percent or more of the cost will be paid from state -appropriated funds which have been
appropriated at the time of the competitive solicitation, a state, college, county, municipality, school
district, or other political subdivision of the state may not use a local ordinance or regulation that
provides a preference based upon:
i. The contractor's maintaining an office or place of business within a particular local
jurisdiction;
ii. The contractor's hiring employees or subcontractors from within a particular local
jurisdiction; or
iii. The contractor's prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county,
municipality, school district, or other political subdivision of the state shall disclose in the
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
14. SIGNAGE:
Grantee must erect a permanent information sign on the project site which credits funding or a portion
thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development
Assistance Program. The sign must be made of appropriate materials, which will be durable for a
minimum of twenty-five (25) years afterthe project is complete. The sign must be installed on the project
site and approved by the Department before the final project reimbursement request is processed.
15. LOBBYING PROHIBITION:
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.
Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and
per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial
department shall be used by any state employee or other person for lobbying purposes.
16. COMPLIANCE WITH LAW:
The Grantee shall comply with all applicable federal and state laws, and local rules and regulations in
providing services to the Department under this Agreement. The Grantee acknowledges that this
requirement includes, but is not limited to, compliance with all applicable federal and state laws, and local
health and safety rules and regulations. The Grantee further agrees to include this provision in all
DEP.FRDAP Agreement: A6019 Page 7 of 13
FINAL.9.1.15
subcontracts issued as a result of this Agreement.
17. NOTICE:
All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a
courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an
electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient.
18. CONTACTS:
Any and all notices required by this Agreement shall be delivered to the parties at the following addresses:
The Department's Grant Manager (which may also be referred to as the Department's Project
Manager) for this Agreement is:
Angela Bright
Community Assistance Consultant
Florida Department of Environmental Protection
Office of Operations
Land and Recreation Grants Section
3900 Commonwealth Boulevard, MS# 585
Tallahassee, Florida 32399
Telephone No.:
850/245-2501
Fax No.:
N/A
I
E-mail Address:
an ie.bright@dW.state.fl.us
The Grantee's Grant Manager for this Agreement is:
Mr. Michael Gresek
Grants Administrator
City of Tamarac
7525 NW 88th Avenue,
Tamarac, FL 33321
Telephone No.:
954 597-3562
Fax No.:
954 597-3560
E-mail Address:
Michael.Gresek tamarac.or
19. INSURANCE:
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 its employees unless such employees are covered by
the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply
fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous
work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide,
and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection
of its employees not otherwise protected.
DEP.FRDAP Agreement: A6019 Page 8 of 13
FINAL.9.1.15
A. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and
maintain, Commercial General Liability insurance including bodily injury and property damage. The
minimum limits of liability shall be $200,000 each individual's claim and $300,000 each occurrence. This
insurance will provide coverage for all claims that may arise from the services and/or operations
completed under this Agreement, whether such services and/or operations are by the Grantee or any of its
subcontractors. Such insurance shall include the State of Florida and the Department as Additional
Insureds for the entire length of the Agreement.
B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and
maintain, Commercial Automobile Liability insurance for all claims which may arise from the services
and/or operations under this Agreement, whether such services and/or operations are by the Grantee or
any of its subcontractors. Such insurance shall include the State of Florida and the Department as
Additional Insureds for the entire length of the Agreement. The minimum limits of liability shall be as
follows:
$300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable
$300,000 Hired and Non -owned Automobile Liability Coverage
C. If any work proceeds over or adjacent to water, the Grantee shall secure and maintain, as applicable, any
other type of required insurance, including but not limited to Jones Act, Longshoreman's and
Harbormaster's, or the inclusion of any applicable rider to worker's compensation insurance, and any
necessary watercraft insurance, with limits of not less than
$300,000 each. In addition, the Grantee shall include these requirements in any sub grant or subcontract
issued for the performance of the work specified in Attachment A, Grant Work Plan. Questions
concerning required coverage should be directed to the U.S. Department of Labor (http://www.dol.gov/
owcp/dlhwc/lscontac.htm) or to the parties' insurance carriers.
D. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The
Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled
for any reason except after thirty (30) calendar day's written notice (with the exception of non-payment of
premium which requires a 10-calendar-day notice) to the Department's Procurement Administrator.
If Grantee warrants and represents that it is self -funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting within the scope of their
employment with the Grantee, Grantee shall provide documentation of such self -funded insurance to the
Department.
20. CONFLICT OF INTEREST:
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict
in any manner or degree with the performance of services required.
21. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Agreement.
22. EQUIPMENT:
Reimbursement for equipment purchases is not authorized under the terms and conditions of this Agreement.
DEP.FRDAP Agreement: A6019 Page 9 of 13
FINAL.9.1.15
23. CHANGE ORDERS:
The Department may at any time, by written Change Order, make any change in the Grant Manager
information, task timelines within the current authorized Agreement period, or make changes that are less
than 10% of the total approved deliverable budget. All Change Orders are subject to the mutual agreement
of both parties as evidenced in writing. Any change which causes an increase or decrease in the Agreement
amount, expiration date of the Agreement, or deliverable costs that are equal to or greater than 10% of the
total approved deliverable budget, shall require formal Amendment to this Agreement.
24. QUALITY ASSURANCE:
FRDAP funds will not be used for environmentally -related measurements or data generation on land under
control of Grantee, which is being developed pursuant to this Agreement. The Grantee and subcontractors
are exclusively responsible for quality assurance practices consisting of policies, procedures, specifications,
standards, and documentation sufficient to produce data of quality adequate to meet project objectives. All
sampling and analyses performed under the direction of Grantee or subcontractor must conform to the
requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.).
Grantee and subcontractors are solely responsible for the quality assurance practices, compliance, reporting,
negligence or wrongful acts of its employees and agents regarding the environmentally -related
measurements, sampling, analyses and/or data generation on land developed pursuant to this
Agreement. NOTE: "Sample" refers to samples that have been either collected or analyzed on land
developed pursuant to this Agreement.
25. DISCRIMINATION:
A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, 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 Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section
287.134, F.S., may not submit a bid on a contract to provide goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may
not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity. The Florida
Department of Management Services is responsible for maintaining the discriminatory vendor list
and posts 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.
26. LAND ACQUISITION:
Grantee has acquired an interest and/or right to real property, described in Attachment A. Such interest
and/or right is subject to use in perpetuity for the purposes described in this Agreement. The following
language shall be included in a Lease and/or other legal instrument regarding the Grantee's interest and/or
right to real property. Any applicable recording fees are the sole responsibility of the Grantee:
"Grantee hereby agrees that the use of the property described herein (the "Property") shall be subject
to the terms and conditions contained in a certain Grant Award Agreement (DEP Agreement No.
A6019), which is attached hereto as Exhibit _ and by reference made a part hereof (hereinafter
referred to as the "Restrictive Covenants"). These Restrictive Covenants shall run with the interests
and/or rights to the Property in perpetuity and be binding upon Grantee and all successive owners
DEP.FRDAP Agreement: A6019 Page 10 of 13
FINAL.9.1.15
(and all parties claiming by, through and under the owners) of the Property. The Florida Department
of Environmental Protection ("DEP") shall be deemed a third -party beneficiary of these Restrictive
Covenants in a court of competent jurisdiction. DEP shall have the authority to enforce these
Restrictive Covenants in any judicial proceeding seeking any remedy recognizable at law or in
equity, including an action or lawsuit seeking damages, injunction, specific performance, or any
other form of relief, against any person, firm or entity violating or attempting to violate any of these
Restrictive Covenants. The failure by DEP to enforce any covenant or restriction contained herein
shall in no event be deemed a waiver of such covenant or restriction or of the right of DEP to
thereafter enforce such covenant or restriction. The invalidation of any one of the provisions of
these Restrictive Covenants by a court of competent jurisdiction shall in no way affect any of the
other provisions of these Restrictive Covenants, which shall remain in full force and effect. Venue
for enforcement actions regarding these Restrictive Covenants shall be in the Circuit Court of
County, Florida. Grantee agrees to incorporate these Restrictive Covenants in any
subsequent Lease or other written legal instrument by which Grantee transfers or conveys interest
and/or rights or any other lesser estate in the Property or any part thereof to a third party either
verbatim or by making an express reference to these Restrictive Covenants. Grantee further agrees
to give written notice to DEP of a change or transfer of any interest in the Property at least 20
calendar days prior to the date of such change or transfer."
"Requests for release of the Restrictive Covenants from the Property shall be directed to the Florida
Department of Environmental Protection, Office of General Counsel, Attention: Contracts
Attorney, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. The request should
include the DEP Agreement No. A6019, the total funding amount paid by the State of Florida, and
the Department's Grant Manager's name."
If for any reason the above language is not incorporated into the Lease or legal instrument by which the
Grantee obtained an interest and/or rights to the Property, the Grantee shall execute a separate Declaration
of Restrictive Covenant (using a template obtained from the Department of Environmental Protection) that
shall run with the interest and/or rights to the Property. Requests for the Declaration of Restrictive
Covenant template shall be directed to the DEP Office of General Counsel, Institutional Control Attorney,
3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Prior to recording,
such Declaration of Restrictive Covenant shall be reviewed, approved, and counter -signed by the
Department. Any applicable recording fees are the sole responsibility of the Grantee.
27. PHYSICAL ACCESS AND INSPECTION:
Department has the right to inspect the project and any and all records related thereto at any reasonable time.
Department personnel shall be given access to and may observe and inspect work being performed under this
Agreement, including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and
C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
28. EXECUTION IN COUNTERPARTS.
This Agreement may be executed in two or more counterparts, each of which together shall be deemed an
original, but all of which together shall constitute one and the same instrument. In the event that any signature
is delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature shall
DEP.FRDAP Agreement: A6019 Page 11 of 13
FINAL.9.1.15
create a valid and binding obligation of the party executing (or on whose behalf such signature is executed)
with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof.
29. SEVERABILITY CLAUSE:
This 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 Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid
under applicable 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 Agreement. Any
action hereon or in connection herewith shall be brought in Leon County, Florida.
30. ENTIRE AGREEMENT:
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 signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEPYRDAP Agreement: A6019 Page 12 of 13
FINAL.9.1.15
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF TAMARAC
Date: I
Y�q �1 ' '�,
Grant Attorney
FEID No.: 59-1039552
STATE OF FLORIDA DEPARTMENT OF
Date: 1Z n 214 — I
Angela Brig)d, CEP Grant
Approved asAo form and legality:
DE Att&ney
* Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must
accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment
A
Grant Work Plan (2 Pages)
Attachment
B
Commencement Documentation Checklist (2 Pages)
Attachment
C
Payment Reauest Summary Form (2 Pages)
Attachment
D
Contract Payment Requirements (1 Paae)
Attachment
E
Proiect Status Report (2 Pages)
Attachment
F
Special Audit Requirements (5 Pages)
DEPYRDAP Agreement: A6019 Page 13 of 13
FINAL.9.1.15
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Florida Department of Environmental Protection
ATTACHMENT B
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
COMMENCEMENT DOCUMENTATION CHECKLIST
Required Signatures: N Signature
Following approval of these documents, the Department will issue written authorization to commence
construction or acquisition of the project.
DEVELOPMENT COMMENCEMENT DOCUMENTATION
al . A professional site plan (detail specifications not required). A graphic document of the proposed
development that shows the location of all existing and proposed buildings, facilities, etc. that is signed
and dated by the project liaison. If part of a larger simultaneous development or part of a phased
project, please color code the current project elements and/or any phases/existing elements. (Site
plan cannot be any larger then 11x17 or 14x17) (2 copies)
[32. Commencement Certification (Form DRP-107)
a3. A boundary survey of the project site, which includes a legal description and sketch of the site's
boundaries, display known easements and encroachments, if any, be legally sufficient to identify the
site, and must be signed and sealed by a professional surveyor and mapper licensed under provisions of
Chapter 472, F.S. (Survey cannot be any larger then 11xl7 or 14x17) (2 copies)
[D4. The results of a title search and the opinion prepared by a member of the Florida Bar or Licensed title
insurer of the project area covering the thirty (30) year period prior to approval by Department
Secretary, which attests to a clear title owned by the grantee, with no liens, encumbrances or taxes held
against the property or a copy of title insurance. A warranty deed will not suffice. Ownership and
Encumbrance (O&E) Reports are also not sufficient title documentation under the grant
program.
a5. If land will be used as a match, send either a copy of the taxed assessed value or a complete appraisal
(prepared in accordance with The Uniform Standards of Professional Appraisal Practices), supporting
fair market value of land utilized as project matching funds. Appraisal must be no earlier than one year
prior to the closing date of the application submission period. The appraisal must be prepared by an
appraiser included on the list of approved appraisers maintained by the Department's Division of
State Lands (DSL). (Approved list can be found at: www.dep.state.fl.us/lands/appraisal list.htm
or call 850-245-2658). (1 Copy)
[:16. Certification of Insurance Form (Form DRP-127) at www.dgp.state.fl.us/parks/OIRS.
DRP-107 (Effective 05-22-2015) Page 1 of 2
ACOUISTION COMMENCEMENT DOCUMENTATION
F-11. An appraisal prepared in accordance with The Uniform Standards of Professional Practices, supporting
fair market value of land to be acquired. If the property is $500,000 or less in appraised value, one
appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required.
The appraisal(s) shall be dated no earlier than (6) months prior to the closing date of the application
submission period. The appraisal must be prepared by an appraiser included on the list of
approved appraisers maintained by the Department's Division of State Lands (DSL), (Approved
list can be found at: www.dep.state.fl.us/lands/appraisal list.htm or call 850-245-2658). (1 Copy)
[D2. A boundary survey of the project site, which includes a legal description and sketch of the site's
boundaries, display known easements and encroachments, if any, be legally sufficient to identify the
site, and must be signed and sealed by a professional surveyor and mapper licensed under provisions of
Chapter 472, F.S. The survey must be updated to within one year of the closing date of the application
submission period. (Survey cannot be any larger then I1x17 or 14x17) (2 copies)
F-13. The results of a title search and the opinion prepared by a member of the Florida Bar or Licensed title
insurer of the project area covering the thirty (30) year period prior to approval by Department
Secretary, which attests to a clear title by the owner, with no liens, encumbrances or taxes held against
the property or a copy of title insurance. A warranty deed will not suffice. Ownership and
Encumbrance (O&E) Reports are also not sufficient title documentation under the grant
program.
Forms may be found at our website: www.dep.state.fl.us/parks/oirs
DRP-107 (Effective 05-22-2015) Page 2 of 2
Required Signatures: Adobe Signature
Date:
Grantee
Billing Period:
DEP Division:
Contractual Services
DRP-116
Grantee Labor
DRP-117
Employee Benefits
( % of Salaries)
Direct Purchases: Materials & Supplies
DRP-118
Grantee Stock
DRP-120
Equipment
DRP-119
Land Value
Indirect Costs
05% of Grantee
Florida Department of Environmental Protection
ATTACHMENT C
PAYMENT REQUEST SUMMARY FORM
Project Name and Number
Billing #:
DEP Program:
CERTIFICATION: I hereby certify that the above expenses were incurred for the work being
accomplished in the attached progress reports.
Project Administrator
Date
CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the
project expenses as reported above and is available for audit upon request.
Project Financial Officer
Date
DRP-115 (Effective 06-19-2015) Page 1 of 2
DEP USE ONLY
STATE FUNDING PARTICIPATION:
Total project costs to date
$
State Obligation to date
$
State retainage ( %)
$
State obligation remaining
$
State funds previously disbursed
$
State funds due this billing
$
Reviewed and approved by:
DEP Project Administrator
Division Director or Designee
Date
Date
DRP-115 (Effective 06-19-2015) Page 2 of 2
ATTACHMENT D
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http://www.fldfs.com/aadir/reference Quide htm
DEP 55-219 (05/2008)
DEP Agreement No. A6019, Attachment D, Page 1 of 1
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ATTACHMENT F
SPECIAL AUDIT REQUIREMENTS'
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the 'Department", 'DEP", "FDEP" or "Grantor" or other name in the contract/agreement) to the recipient (which
may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits
and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department
staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into
this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Department of Environmental Protection. In the event the Department of 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 I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Attachment 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-133, as
revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from
other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at httu://l2.46.245.173/efda/cfda.html.
DEP 55-215 (03/09)
DEP Agreement No. A6019, Attachment F, Page 1
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 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 Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment 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), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 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 $500,000 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 https://gRps.fldfs.com/fsa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
httR://www.leg.state.fl.us[Welcome/index.cfm, State of Florida's website at hgp•//www.myflorida.com/,
Department of Financial Services' Website at htty'//www.fldfs.com/ and the Auditor General's Website at
httD://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck 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(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial 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 arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, 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 (03/09)
DEP Agreement No. A6019, Attachment F, Page 2
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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 loth Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census. ov/fac/
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f)
OMB Circular A-133, as revised.
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 at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly 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
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (03/09)
DEP Agreement No. A6019, Attachment F, Page 3
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
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
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 (03/09)
DEP Agreement No. A6019, Attachment F, Page 4
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May 9, 2016
Mr. Michael Gresek
Grants Administrator
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Re: Sunset Point Park Phase II (a.k.a. McNab Park)
FRDAP Project No. A16019
Dear Mr. Gresek:
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Jonathan P. Steverson
Secretary
Attached is the executed amendment that provides for a revised work plan, for this project. Also,
please be aware that the project completion date for this project is April 30, 2018. This is the date
by which all grant -related construction must be completed and all grant -related expenses paid.
The completion documentation must be submitted to our office no later than thirty (30) days after
project completion. As soon as the documentation is received, we will arrange for a final
inspection.
If you have any questions, please contact our office at (850) 245-2501. Thank you for your
attention to this matter.
Sincerely,
May 9 2016 12:19 PM
X
0-lLph�' /—
Brig A COSign
is C
Angela Bright �! a
Community Assistance Consultant
Office of Operations �
Land and Recreation Grants Section C� N
Mail Station #585
Angie.Bright@dep.state.fl.us -
Attachment
wlvw. dev, state, fl. us
A16019 A6019
(FRDAP Project Number) (DEP Agreement Number)
FIRST AMENDMENT TO
DEP AGREEMENT NO. A6019
CITY OF TAMARAC
SUNSET POINT PARK, PHASE II
Development Project
THIS FIRST AMENDMENT TO DEP AGREEMENT NO. A6019 ("First
Amendment") affects the Sunset Point Park, Phase II project and is made and entered into between
the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (the
"DEPARTMENT") and the CITY OF TAMARAC (the "GRANTEE").
RECITALS:
WHEREAS, on or about February 24, 2016, the Department and Grantee entered into a
Florida Recreation Development Assistance Program (FRDAP) Project Agreement No. A 16019.
DEP Agreement No. A6019 (the "Agreement") for the recreation development project known as
Sunset Point Park, Phase II ("Project").
WHEREAS, Agreement, collectively includes Attachments A, B, C, D, E, F, and is
incorporated herein by reference.
WHEREAS, Agreement, Attachment A - Grant Work Plan lists required Task Description,
Primary Project Element "Playground with shade structure" and Support Project Element
"Landscaping" as approved development projects, and allocates the total grant funding amount of
$50,000 for all elements in the Grant Work Plan.
WHEREAS, Grantee is requesting reimbursement of pre -agreement costs incurred for the
development of Grant Work Plan Primary Project Element "Playground with shade structure".
WHEREAS, Grantee requests, and Department agrees, to amend Agreement, Attachment A
- Grant Work Plan, to identify the approved pre -agreement costs of "$45,000" for the development of
Primary Project Element "Playground with shade structure", which are expenses incurred, by Grantee
for accomplishment of the eligible FRDAP Project, prior to full execution of the Agreement.
WHEREAS, Agreement requires that revisions be reduced to writing in an Amendment to
the Agreement.
WHEREAS, Department and Grantee agree such revisions are within the parameters of the
FRDAP Program, the Agreement and Attachments thereto as more particularly set forth in this First
Amendment.
DEP Project Agreement No. A6019, First Amendment, Page 1 of 3
NOW THEREFORE, in consideration of the foregoing Recitals and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1. Recitals. The Recitals set forth hereinabove are true and correct and are incorporated
herein by reference.
2. Amendments to the Agreement. The Agreement is hereby amended as follows:
a) The Attachment A-1 annexed to this First Amendment, entitled "Florida
Recreation Development Assistance Program Grant Work Plan", is hereby
substituted in lieu of Attachment A annexed to the Agreement. From and after
the date of this First Amendment, the phrase "Attachment A" shall mean the
Attachment A-1 annexed to this First Amendment.
b) Grantee requested and Department approves the pre -agreement costs of "$45,000"
for the development of Primary Project Element "Playground with shade structure",
which are expenses incurred by Grantee for accomplishment of the eligible FRDAP
Project prior to full execution of the Agreement, as more fully described on
Attachment A-1, "Florida Recreation Development Assistance Program Grant
Work Plan", attached hereto and incorporated herein..
3. Ratification. Except as modified by this First Amendment, the Agreement is hereby
ratified and confirmed and remains in full force and effect. In the event of a conflict
between the Agreement and this First Amendment, this First Amendment shall control.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Project Agreement No, A6019, First Amendment, Page 2 of 3
IN WITNESS WHEREOF, the parties have caused this First Amendment to be duly executed as of
the day and year last written below.
STATE OF FLORIDA DEPARTMENT OF CITY OF TAMARAC
ENVIRONMENTAL PROTECTION
By:
Secreta y (or Designee) eJr Michael Cernech
Printed Name:
Title: City Manager
Date: /--f ��V fl6
Address:
7525 NW 88" Avenue
Tamarac, Florida 33321
4tey
form and legality:
G: ANTEE'S A T NEY (if required)
*For amendment with governmental boards/commissions: If someone other than the Chairman signs
this amendment, a resolution, statement, or other document authorizing that person to sign on behalf
of the Grantee must accompany this amendment.
LIST OF A TTA CHMENTSIEXHIBITS INCL UDED AS PART OF THIS
FIRSTAMENDMENT:
Specify Tvpe Letter/Number Description
Attachment A-1 Grant Work Plan — (2pages)
DEP Project Agreement No. A6019, First Amendment, Page 3 of 3
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