HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-017Temp. Reso. #10328 - Page 1
1 /12/04
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004 r�
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ACCEPTING A GRANT
IN THE AMOUNT OF $200,000 FROM THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND;
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 $200,000 WITH
A CITY MATCH OF $200,000 FOR A TOTAL PROJECT
COST OF $400,000, FROM THE LAND AND WATER
CONSERVATION FUND (LWCF) TO PROVIDE THE
RESIDENTS AND VISITORS OF TAMARAC
ENHANCED PARKS AND RECREATION PROGRAMS
AT SOUTHGATE LINEAR 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 Land and
Water Conservation Fund (LWCF) Grant in the amount of $200,000 to develop
Southgate Linear Park for public outdoor recreation and was awarded the grant; and
1
Temp. Reso. #10328 - Page 2
1 /12/04
WHEREAS, the City Manager and the Parks and Recreation Director
recommend acceptance of grant funds for Southgate Linear Park and execution of
an Agreement between the Florida Department of Environmental Protection and the
City of Tamarac relating to said grant funding; 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 accept
grant funding for Southgate Linear Park and execute DEP's grant agreement for
grant funding in the amount of $200,000 with a City match of $200,000 for a total
project cost of $400,000 to develop recreation and park facilities at Southgate Linear
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: The City Commission of the City of Tamarac hereby accepts the
grant award in the amount of $200,000 from the Florida Department of
Environmental Protection Land and Water Conservation Fund.
Temp. Reso. #10328 - Page 3
1 /12/04
SECTION 3: The appropriate City Officials are authorized to execute the
Florida Department of Environmental Protection, Land and Water Conservation
Fund Program, FFY 2002-2003, Project Agreement - Development (DEP Contract
Number LW469) for grant funding in the amount of $200,000 with a City match of
$200,000, a total project cost of $400,000, attached hereto as Exhibit 1.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part
or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
Temp. Reso. #10328 - Page 4
1 /12/04
SECTION 6: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this 281" day of January, 2004.
ATTEST:
MARION WENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
12
(�MITCHELL S. KRAFT
CITY ATTORNEY
JOE SCHREIBER
�./ MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
1
Te� Heso. #1032$
Exh wit 1
12-00469
(LWCF Project Number)
LW469
DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FFY 2002-2003
PROJECT AGREEMENT - DEVELOPMENT
This Project Agreement is entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the
"Department"), and the CITY OF TAMARAC, whose address is 7525 NW 88th
Avenue Tamarac. Florida, 33321 (hereinafter called the "Grantee"), a local
government, in furtherance of the South ate Linear Park project, an approved outdoor
recreation project.
WHEREAS, the Department receives funds for the purpose of passing through
the agency as grants to other entities in accordance with Section 375.021(4), Florida
Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to
receive grants for outdoor recreation and conservation; and,
WHEREAS, the Grantee has submitted Project Application number 363, which
has been approved by the Department.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Department and Grantee do hereby agree as follows:
1. This Project Agreement shall be effective upon execution of this Project
Agreement and end no later than three (3) years from the date of Agreement
execution, inclusive. The Project Agreement shall be performed in accordance
with Chapter 62D-5, Part VII, Florida Administrative Code, (hereinafter called the
Rule), the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law
88-578, 78 Stat 897, as amended, (hereinafter called the Program), and in
accordance with general provisions for such agreements prescribed by the
United States Department of the Interior (hereinafter called the USDOI) in the
LWCF Grants -in -Aid Manual, (hereinafter called the Manual). The Manual refers
to the federal code of regulations (CFRs) applicable to this Agreement. The
following table identifies several of the key CFRs addressed in the Manual, but
does not limit the Grantee to compliance with only the CFRs identified in the
table.
DEP Agreement No. LW469, Page 1 of 12
DEP 55-239 (12/03)
CFR Cite Title
36 CFR 59 Land and Water Conservation Fund Program Assistance to States; Post-
Com letion Compliance Responsibilities
36 CFR 800.8 Coordination With the National Environmental Policy Act
43 CFR 12 Administrative and Audit Requirements and Cost Principles for Assistance
Pro rams
43 CFR 17 Nondiscrimination in Federally Assisted Programs of the Department of
Interior
The Grantee agrees to become familiar with all provisions and comply with the
Rule, effective July 15, 2001, and Manual, which are incorporated into this
Project Agreement by reference, as if fully set forth herein. In the event a dispute
should arise between the parties concerning the intent of any language herein
contained, the same shall be resolved by the adoption of that meaning which
furthers the intent and purpose of the above referenced Act and the general
provisions governing this Project Agreement as set forth in the Manual. No
construction shall be contrary to the requirements of the Acts of Congress or of
the regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is the primary purpose
of the project known as Southgate Linear Park (Land and Water Conservation
Fund, LWCF Project Number 12-00469), hereinafter called the Project, and
enters into this Project Agreement with the Grantee for the development of that
real property, the legal description of which shall be submitted to the Department
as described in the Land and Water Conservation Fund Program Approved
Project Documentation Form, DEP Form FPS-A048. The approved Project
Application, which includes the Project Elements (description of project, detailed
budget, and anticipated deliverables), is incorporated into this Project Agreement
by reference as if fully set forth herein. Any revisions to the Project Elements as
set forth in the approved Project Application must be formally requested by the
Grantee and, if agreed upon by the Department, the modifications will be
reduced to writing in an amendment to this Agreement.
3. The Grantee shall construct, or cause to be constructed, specified public outdoor
recreation facilities and improvements consisting of the following Project
Elements which may be modified by the Department if Grantee shows good
cause: Fishing pier, picnic facilities, playground, restrooms, parking,
landscaping and other related support facilities.
4. The Project Elements identified in Paragraph 3 herein shall be designed and
constructed substantially in accordance with the conceptual site development
Plan contained in the Project Application. Project Site facilities shall be attractive
for public use, and generally consistent and compatible with the environment.
Plans and specifications for Project Site improvements and facilities shall be in
accord with current and established engineering and architectural standards and
practices. Emphasis should be given to the health and safety of users,
accessibility to the general public, and the protection of the recreational and
natural values of the area. This site development plan may be altered by the
DEP Agreement No. LW469, Page 2 of 12 DEP 55-239 (12/03)
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Grantee, only after written approval by the Department. Any and all utility lines
installed within the park shall be placed underground. The Grantee shall have
the final site development plan (site engineering and architectural) prepared by a
registered architect or engineer licensed in accordance with the laws of the State
of Florida.
5. A. The Department shall pay the Grantee on a reimbursement basis the
eligible Grant amount not to exceed 200 000.00, which will pay said
federal Program's share of the cost of the Project. Program funding limits
are based upon the following:
Total Department (federal) Program Amount $200,000,00
Grantee Match Amount $200,000.00
Total Project Cost $400,000.00
Type of Match (Cash and/or Donations)
B. Within sixty (60) days after receipt of the request, the Department's Grant
Manager shall review the completion documentation and payment request
from the Grantee for the Project. If the documentation is sufficient and
meets the requirements of the Land and Water Conservation Fund
Program Required Project Completion Documentation Form, DEP Form
FPS-A051, referenced in s. 62D-5.073(7)(e)2, F.A.C., the Department will
approve the request for payment.
6. In addition to the invoicing requirements contained in paragraph 5 above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant
to State and Federal guidelines (including cost allocation guidelines), as
appropriate. This information when requested must be provided within 30
calendar days of such request. The Grantee may also be required to submit a
cost allocation plan to the Department in support of its multipliers (overhead,
indirect, general administrative costs, and fringe benefits). All bills for amounts
due under this Agreement shall be submitted in detail sufficient for a proper pre -
audit and post -audit thereof. State guidelines for allowable costs can be found in
the Florida Department of Financial Service's Reference Guide for State
Expenditures at www.dbf.state.fl.us/aadir/reference guide and allowable costs for
federal programs can be found under 48 CFR Part 31 at
htt ://www.access. o. ov/nara/cfr/cfr-table-search.html and OMB Circulars A-87, A-
122, A-21, at http://www.whitehouse-gov/omb/circulars/index.html#numerical.
7. Reimbursement for travel expenses is not authorized under this Project
Agreement.
8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant
and Contract Accountability Procedure, hereinafter called the Procedure and
incorporated into this Project Agreement by reference as if fully set forth herein.
DEP Agreement No. LW469, Page 3 of 12 DEP 55-239 (12/03)
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All purchases of goods and services for accomplishment of the Project shall be
secured in accordance with the procurement requirements specified in 43 CFR
12.76. Expenses representing the Project costs, including the required matching
contribution, shall be reported to the Department and summarized on certification
forms provided in the Procedure. The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed under the Project.
The parties further agree that the principles for determining the eligible costs,
supporting documentation and minimum reporting requirements of the Procedure
shall be used.
9. Allowable indirect costs as defined in the Procedure shall not exceed 15% of the
Grantee's eligible salaries/wages. Indirect costs that exceed 15% must be
approved in advance in writing by the Department to be considered eligible
Project expenses.
10. Project funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D-5.069(31) of the Rule) incurred by Grantee prior to execution of
this Project Agreement as set forth in s.62D-5.073(2)(a) of the Rule. The
Department and the Grantee fully understand and agree that there shall be no
reimbursement of Project funds by the Department for any expenditure made
prior to the execution of this Project Agreement with the exception of the
following expenditures which meet the requirements of the foregoing sections of
the Rule.
11
Preagreement Costs Approved:
Description of Work Performed Amount Approved
None $0.00
Total Preagreement Costs Approved: $0.00
A. Prior to commencement of Project development, the Grantee shall submit
the documentation required by the Land and Water Conservation Fund
Program Required Project Commencement Documentation Form, DEP
Form FPS-A050, referenced in s. 62D-5.073(7)(e) of the Rule, to the
Department. Upon determining that the documentation complies with the
Rule, the Department will give written notice to Grantee to commence the
development and approve the request for payment.
B. Upon execution of this Project Agreement, the Grantee acknowledges the
prior receipt of the LWCF Grants -in Aid Manual, the Division of Recreation
and Parks' Grant and Contract Accountability Procedures, and the
required project commencement documents listed below that must be
completed by the Grantee, if applicable, and returned to the Department
within sixty (60) days following the execution date of this Project
Agreement.
DEP Agreement No. LW469, I"age 4 of 12 DEP 55-239 (12/03)
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C. Required Project Commencement Documentation for Development
Agreements:
1. Boundary Survey
2. Title Search
3. Certification of Manual Possession
4. Site Plan (2 copies)
5. List of Facilities and Improvements for Construction with Related
Costs
6. Permitting Certification
12. The Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of Project construction and shall certify that it
has done so to the Department by completing the Land and Water Conservation
Program Project Permitting Certification, DEP Form FPS-A052, referenced in s.
62D-5.073(7)(e)(1) of the Rule.
13. The Grantee shall complete all Project construction by the completion date
established in paragraph 1, above.
14. Project completion means the Project is open and available for use by the public.
The Project must be completed prior to release of final reimbursement.
15. A. The Grantee shall maintain books, records and documents directly
pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this
Agreement and for five years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each
subcontractor to maintain and allow access to such records for audit
purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before
the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
C. Records for equipment acquired with federal funds shall be retained for
five years following final disposition.
16. In addition to the provisions contained in Paragraph 15 above, the Grantee shall
comply with the applicable provisions contained in Attachment A, Special Audit
Requirements, attached hereto and made a part hereof. A revised copy of
Attachment A, Exhibit-1, must be provided to the Grantee with each amendment
which authorizes a funding increase or decrease. The revised Exhibit-1 shall
summarize the funding sources supporting the Project Agreement for purposes
DEP Agreement No. LW469, Page 5 of 12 DEP 55-239 (12103)
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of assisting the Grantee in complying with the requirements of Attachment A. If
the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the
Grantee shall notify the Department's Grant Manager at 8501488-7896 to request
a copy of the updated information.
17. Following receipt of an audit report identifying any reimbursement due the
Department for the Grantee's noncompliance with this Project Agreement, the
Grantee will be allowed a maximum of thirty (30) days to submit additional
pertinent documentation to offset the amount identified as being due to the
Department. The Department, following a review of the documentation submitted
by the Grantee, will inform the Grantee of any reimbursement due the
Department.
18. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department, agrees to carry adequate liability and other
appropriate forms of insurance. The Department shall have no liability except as
specifically provided in this Project Agreement.
19. To the extent required by law, the Grantee will be self -insured against, or will
secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of its employees connected with the work of this Project and, in
case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the
Grantee. Such self-insurance program or insurance coverage shall comply fully
with the Florida Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Florida
Workers' Compensation law, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for
the protection of those employees not otherwise protected.
20. The purchase of non -expendable equipment is not authorized under the terms of
this Agreement.
21. The Department's Grant Manager for the purpose of this Project Agreement shall
be responsible for ensuring performance of its terms and conditions and shall
approve all reimbursement requests prior to payment. The Grantee's Liaison
Agent (also known as Grantee's Grant Manager), as identified in the Project
Application, or successor, shall act on behalf of the Grantee relative to the
provisions of this Project Agreement. The Grantee's Liaison Agent, shall submit
to the Department signed Project status reports every ninety (90) days
summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the Department.
Photographs to reflect the construction work accomplished shall be submitted
when the Department requests them. Any and all notices shall be deemed
effective and sufficient if sent via U.S. mail, facsimile (fax), or by hand -delivery to
the parties at the following addresses:
DEP Agreement No. LW469, Page 6 of 12 DEP 55-239 (12/03)
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Grantee's Liaison Agent
Name:
Ms. Kathleen Margoles, Director of
Parks and Recreation
Entity:
City of Tamarac
Address:
7525 NW 88th Avenue
City, State, Zip:
Tamarac, FL 33321
Phone:
954/724-2445
SunCom Phone:
Fax:
954/724-1395
SunCom Fax:
Email:
kathleenm@tamarac.org
With a copy to the City Attorney at the same address.
Department's Grant Manager
Name:
Collier Clark
Entity:
Florida Department of Environmental
Protection
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850) 488-7896
SunCom Phone: 278- 7896
Fax: (850) 488-3665
SunCom Fax: 278-3665
Email: collier.clark@dep.state.fl.us
22. Prior to final reimbursement, the Grantee must erect a permanent information
sign on the Project site which credits Project funding or a portion thereof, from
the Land and Water Conservation Fund Program through the USDOI and the
Department.
23. The Department and USDOI have the right to inspect the Project and any and all
records related thereto at any reasonable time.
24. This Agreement may be unilaterally canceled by the Department for refusal by
the Grantee to allow public access to all documents, papers, letters, or other
material made or received by the Grantee in conjunction with this Agreement,
unless the records are exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), Florida Statutes.
25. Prior to the closing of the Project the Department shall have the right to demand
a refund, either in whole or in part, of the LWCF funds provided to the Grantee
for non-compliance with the material terms of this Project Agreement. The
Grantee, upon such written notification from the Department, shall refund, and
shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated and determined pursuant
to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the
date(s) of payment(s) to the Grantee by the Department to the date repayment is
made by Grantee.
DEP Agreement No. LW469, Page 7 of 12 DEP 55-239 (12/03)
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26. If the United States, acting through the USDOI, the Secretary of the Interior, or
any other branch of the government of the United States, acting within the scope
of its lawful authority, should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the Grantee under the
terms of this Project Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith repay directly to the
Department the amount of money demanded.
27. The Grantee shall comply with all federal, state and local laws, rules, regulations
and ordinances in developing this Project. The Grantee acknowledges that this
requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The Grantee
further agrees to ensure that the Grantee's contract will include the requirements
of this paragraph in all subcontracts made to perform this Project Agreement.
28. Competitive open bidding and purchasing for construction of said Project facilities
or improvements shall comply with all applicable laws and the Manual. Following
completion of Project construction, the Grantee's Liaison Agent shall provide the
Department with a statement certifying that all purchases or contracts for
construction were competitively bid pursuant to applicable law and the Manual.
29. If asphalt paving is required for the Project it shall conform to the Florida
Department of Transportation's specifications for road and bridge construction.
Bid specifications, contracts and/or purchase orders of the Grantee must specify
thickness of asphalt and square yards to be paved.
30. By acceptance of the provisions of this Project Agreement, the Grantee does
hereby agree to dedicate the Project Site and all land within the Project
boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor
recreation site for the use and benefit of the public, as stated in s. 62D-5.074(1)
of the Rule. Execution of this Project Agreement by the Department shall
constitute an acceptance of said dedication on behalf of the general public of the
State of Florida. The Grantee represents that it has sufficient site control to
enable this dedication. All dedications must be promptly recorded in the county's
official public records by the Grantee.
31, The Grantee agrees to operate and maintain the Project site as stated in s. 62D-
5.074(2) of the Rule. The Project site, Project -related facilities, and any future
outdoor recreation facilities developed on the Project site shall be open to the
general public for outdoor recreation use, maintained in accordance with
applicable health and safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee covenants that it has
full legal authority and financial ability to develop, operate and maintain said
Project -related facilities and improvements as specified within the terms of this
Project Agreement. The Grantee shall obtain Department approval prior to any
and all current or future development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
DEP Agreement No. LW469, Page 8 of 12 DEP 55-239 (12/03)
32. The Grantee shall not, for any reason, convert all or any portion of the park for
any purpose other than public outdoor recreation without prior approval of the
USDOI and the Department pursuant to Section 6(f)(3) of the LWCF Act and the
Manual and s. 62D-5.074(3) of the Rule.
33. Failure to comply with the provisions of the Rule or the terms and conditions of
this Agreement will result in cancellation of the Project Agreement by the
Department. The Department shall give the Grantee in violation of the Rule or
this Project Agreement a notice in writing of the particular violations stating a
reasonable time to comply.
34. In the event of conflict in the provisions of the Rule, the Project Agreement and
the Project Application, the provisions of the Rule shall control over this Project
Agreement and this Project Agreement shall control over the Project Application
documents.
35. If the Department determines that site control is not sufficient under the Rule or
has been compromised, the Department shall give the applicant a notice in
writing and a reasonable time to comply. If the deficiency cannot be reasonably
corrected within the time specified in the notice, the Department shall cancel this
Project Agreement.
36. In accordance with the LWCF Act, Program funds will be made available
contingent upon an annual appropriation to each State by Congress. The State
of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Agreement is not a
commitment of future appropriations.
37. A. The Grantee certifies that no Federal appropriated funds have been paid
or will be paid, on or after December 22, 1989, by or on behalf of the
Grantee, to any person for influencing or attempting to influence an officer
or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress, in connection with
the awarding, renewal, amending or modifying of any Federal contract,
grant, or cooperative agreement. If any non -Federal funds are used for
lobbying activities as described above, the Grantee shall submit
Attachment B, Standard Farm-LLL, "Disclosure of Lobbying Activities"
(attached hereto and made a part hereof), and shall file quarterly updates
of any material changes. The Grantee shall require the language of this
certification to be included in all subcontracts, and all subcontractors shall
certify and disclose accordingly. (43 CFR Part 18)
B. In accordance with Section 216.347, Florida Statutes, the Grantee is
hereby prohibited from using funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or a state agency.
DEP Agreement No. LW469, Page 9 of 12 DEP 55-239 (12/03)
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C. As required by paragraphs A and B above, the Grantee shall include the
language of this section, and Attachment C in all subcontracts or lower
tier agreements executed to support the Grantee's work under this
Agreement.
42. This Project Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of Florida. Wherever possible, each
provision of this Project Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Project
Agreement shall be prohibited or invalid under applicable Florida law, such
provision shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this
Project Agreement. Any action hereon or in connection herewith shall be brought
in Leon County, Florida unless prohibited by applicable law.
43. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this Project Agreement, shall impair
any such right, power or remedy of either party; nor shall such delay or failure be
construed as a waiver of any such breach or default, or any similar breach or
default thereafter.
44. This Project Agreement is not intended nor shall it be construed as granting any
rights, privileges or interest in any third party without mutual written agreement of
the parties hereto.
45. This Project Agreement is an exclusive contract and may. not be assigned in
whole or in part without the prior written approval of the Department.
46. The parties hereto acknowledge and agree that the provisions contained in
paragraphs 15, 23, 30, 31, and 32 shall survive the end date of this Agreement
established in paragraph 1.
47. This Project Agreement represents the entire agreement of the parties. Any
alterations, variations, changes, modifications or waivers of provisions of this
Project Agreement shall only be valid when they have been reduced to writing,
duly executed by each of the parties hereto, and attached to the original of this
Project Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LW469, Page 11 of 12 DEP 55-239 (12/03)
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed, the day and year last written below.
STATE OF FLORIDA DEPARTMENT CITY OF TAMARAC
OF ENVIRONMENTAL PROTECTION
y: By; 44t e�
i1i opfUrect
Division of Recre i s and Parks
and State Liaison Officer JOE SCHREIBER
(or designee) Printed Name
MAYOR
Date: Title
Date: _ IL �'
FEID No.: /03-�5-s�-
Address: Address:
Bureau of Design and Recreation 7525 N.W. 88th Avenue
Services (MS 585) Tamarac, FL 33321
Division of Recreations and Parks
3900 Commonwealth Boulevard ( /'h
Tallahassee, Florida 32399-3000 j,EFFRty L. MI LER, CITY MANAGER
AT &kA-4-4
TEST..'i
MARION SWEN ON, CMC,CLERK
cv-
DEP Grant Manager rantee's Attorney
MITCHELL S. KRAFT, CIWATTIORNEY
Approved as to form and legality for
use by Suzanne Brantley, Assistant
General Counsel on 12/08/2003.
Attachments:
Attachment A - Special Audit Requirements (5 pages)
Attachment B - Disclosure of Lobbying Activities (2 pages)
Attachment C - Certification Regarding Debarment/Suspension (2 pages)
DEP Agreement No. LW469, Page 12 of 12 DEP 55-239 (12/03)
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ATTACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "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 attachments.
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 $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part 1, paragraph I., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-]33, as revised, is not required. In the event that the
recipient expends less than $300,000 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 ht42;//aspe.os.dhhs.gov/cfd ,
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DEP Agreement No. LW469, Attachment A, Page 1 of 5
DEP 55-215 (01/02)
0
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities)
or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the
recipient shall consider all sources of State financial assistance, including State financial assistance
received from the Department of Environmental Protection, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass -through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with th. audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at ht://sun6.dms.state.fl.tts/fsaakatalo .htm or the
Governor's Office of Policy and Budget website located at http_//www.co gam, state.fl.us/ for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website http://www.le r state; fl.us/, Governor's Website http://www.flgov.com Department of Banking
and Finance's Website http://www.dbf,state,fl.us/, and the Auditor General's Website
http://www..state.fl.us/aLtdv-en.
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(7)(m), 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 far funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient 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
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. LW469, Attachment A, Page 2 of 5
DEP 55-215 (01/02)
• 0
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-] 33, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient direct] to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient dir_ ectly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
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.
DEP Agreement No. LW469, Attachment A, Page 3 of 5
DEP 55-215 (01/02)
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
D> P Agreement No. LW469, Attachment A, Page 4 of 5
DEP 55-215 (01/02)
E
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Approved by OMB
0348-0046
1. Type of Federal Action:
❑ a. contract
b. grant
c. cooperative agreement
d. loan
e, loan guarantee
f. loan insurance
ATTACHMENT B
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
2. Status of Federal Action:
L. 1
4. Name and Address of Reporting Entity:
❑ Prime ❑ Subawardee
Tier_, if known,
Congressional District, ifknown:
6. Federal Department/Agency:
8. Federal Action Number, ifknown:
10. a. Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
3. Rkport Type:
a. bid/offer/application a. initial filing
b. initial award b. material change
c. post -award
For Material Change Only:
year quarter_
date of last report
5. If Reporting ElPity in No. 4 is Subawardee, Enter Name
and Address OT Prime:
Congressional District, ifknown :
Federal Program Name/Description:
CFDA Number, Vapplicable:
9. Award Amount, ifknown:
b. Individuals Performing Services (including address if
di/%rent from No. 10a)
(last name, first name, MI):
(attach Continuation Sheet(y)
SF-LUA, if nece.
11. Information requested throu/th is authorized by title 31 U.S.C*
Signature:
section 1352. This disclobbying activities is a material
representation of fact upon nce was placed by the tier above
Print Name:
when this transaction was ntered into. This disclosure is
required pursuant to 31 U.S.is information will be reported to
Title:
Congress semi-annually andilable for public inspection. Any
person who fails to file theclosure shall be subject to a civil
Telephone No.:
penalty of not less than $10 00 and not more than $100,000 for each such
failure.
Federal Use Only:
Form DEP 55- A (01/01)
Authorized for Local Reproduction
Standard Form -- LLL (Rev 7 — 97)
DEP Agreement No. LW469, Attachment B, Page 1 of 2
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last previously submitted report by the reporting entity for this covered
Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal
agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4
or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Mana ement and Bud et, Paperwork Reduction Project 0348-0046), Washin¢ton, D.C. 20503.
Form DEP 55-221 (01/01)
DEP Agreement No. LW4699 Attachment B, Page 2 of 2
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: LW469
The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period. preceding this certification been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this
certification.
Dated this —p(� day of fulru 200
U
By
Authorized Signature/Contractor
Jeffrey L. Miller, City Manager
Typed Name/Title
City of Tamarac, Florida
Contractor's Firm Name
Ayenue
Street Address
Building, Suite Number
Tamarac, FL 33321
City/State/Zip Code
954) 724-1230
Area Code/Telephone Number
Form DEP 55-220 (01/01)
Page 1 of 2
DEP Agreement No. LW469, Attachment C, Page 1 of 2
•
L
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48
CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
DEP FORM 55-220 (01/01) Page 2 of 2
DEP Agreement No. LW469, Attachment C, Page 2 of 2