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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-300Page 1 Temp. Reso. 8411 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 98 - �v A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE CITY OF TAMARAC FOR GRANT FUNDING IN THE AMOUNT OF $25,000.00, FROM THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM, WITH A CITY MATCH OF $25,000.00, TO PROVIDE THE RESIDENTS AND VISITORS OF TAMARAC ENHANCEMENTS AT VETERANS PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac intends 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 requested a 1998 legislature appropriation and was granted a 1998 legislature appropriation in the amount of $25,000.00 to enhance the Veterans Memorial Park; and WHEREAS, the City Commission accepted the appropriation and authorized a City match in Resolution 98-201; and WHEREAS, a Project Grant Agreement between the City of Tamarac and the Florida Department of Environmental Protection is necessary for this appropriation; and WHEREAS, the City Manager and the Parks and Recreation Director recommend execution of this agreement; and Page 2 Temp. Reso. 8411 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the City of Tamarac to execute the Department of Environmental Protection Project Grant Agreement in the amount of $25,000.00 for enhancements at Veterans Park. 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 upon adoption hereof. Section 2: That the City Commission has approved the City's commitment by entering into a "Project Grant Agreement" for enhancements to Veterans Park; the appropriate City Officials are authorized to execute the Florida Department of Environmental Protection, Division of Recreation and Parks Project Grant Agreement (DEP Contract M9026), attached hereto as Exhibit I. Section 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: (�Lw�'w CAROL WLD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approv d this RESOLUTION as to form z / MITCHELL S. CITY ATTOF Parks/Rec-km Page 3 Temp. Reso. 8411 day of `� �� �r ��-� 1998. '4-zz JOE SCHREIBER MAYOR RECORD OF COMMISSIgN VOTE MAYOR SCHREIBER DIST 1: COMM. McKAYE .� DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF �- DIST 4: COMM. ROBERTS EXHIBIT I -- 1 OF 2 TR 8411 M9026 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS Project Grant Agreement This Agreement is made and entered into this �� day Ci of �?. % 19 by and between the State of Florida, Department of Environmental Protection, hereinafter called the DEPARTMENT, and the City of Tamarac, hereinafter called the GRANTEE, in furtherance of an approved PROJECT involving the parties hereto in pursuance of which the parties hereto agree as follows: 1. The 1998 Florida Legislature appropriated $25,000.00 from the Land Acquisition Trust Fund to the Department for use by the GRANTEE for the Tamarac Veterans Park and Memorial, hereinafter called the PROJECT. 2. The GRANTEE shall construct, or cause to be constructed, certain facilities and improvements which shall include the following PROJECT elements which may be modified by the DEPARTMENT upon written request by the GRANTEE for good cause: Memorial and other realted support facilites. Page 1 of 9 EXHIBIT I -1 OF 2 TR 8411 3. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $2S,000.00, which represents the DEPARTMENT'S share of the cost of the PROJECT. The shares agreed upon are as follows: DEPARTMENT Amount $2S,000.00 s0 0 GRANTEE Match $25,000.00 50 0 Type of Match: _ Cash, In -kind Services.__ Each reimbursement request shall include a status report and all documentation required by the DEPARTMENT for a proper pre -audit and post -audit review. The Contract Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date on the grant and, if it is in accordance with this Agreement, approve the request for payment. The DEPARTMENT shall retain 10a of the entire grant amount until completion of the PROJECT and all PROJECT completion documentation, described in Paragraph S, is submitted to the DEPARTMENT by the GRANTEE. 4. The DEPARTMENT shall have the right to cancel this Agreement for failure by the GRANTEE to perform pursuant to the terms and conditions of this Agreement and to demand return of all PROJECT funds paid by the DEPARTMENT pursuant to Paragraph 15. S. The DEPARTMENT and GRANTEE agree to comply with the Grant and Accountability Procedures, hereinafter called the Page 2 of 9 EXHIBIT I-IOF2 TR 8411 PROCEDURE, incorporated into this Agreement by reference and attached hereto as Exhibit "A". The PROCEDURE establishes uniform guidelines and procedures to be utilized by the DEPARTMENT and the GRANTEE in accounting for grant funds disbursed for the PROJECT and sets forth principles for determining eligible costs, supporting documentation and minimum reporting requirements. Expenses representing the PROJECT costs shall be reported to the DEPARTMENT and summarized on certification forms specified in the PROCEDURE. All expenditures under this Agreement by the GRANTEE must be directly related to the purpose of the grant. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim, or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, Auditor General, State Comptroller and other relevant parties shall have the right to inspect and audit the GRANTEE'S records for said PROJECT. 6. The GRANTEE fully understands and agrees that there shall be reimbursement of funds by the DEPARTMENT for any obligation or expenditure for the PROJECT incurred and performed for one calendar year prior to the start of the agreement period. 7, This Agreement shall become effective upon execution by all parties. The GRANTEE shall complete construction of all PROJECT elements identified in Paragraph 2 on Page 3 of 9 EXHIBIT I - 1 OF 2 TR 8411 or before The completion date shall be extended by the DEPARTMENT upon the written request of the GRANTEE. 8. All PROJECT close-out documentation shall be submitted to the DEPARTMENT by the GRANTEE prior to release of the retainage identified in Paragraph 3. Upon PROJECT completion, the GRANTEE shall submit to the DEPARTMENT the following documentation within 45 days: (1) a list identifying the PROJECT elements constructed and associated costs, (2) an as - built site plan, (3) a PROJECT completion certification, and (4) financial data supporting the expenditure of grant funds, on forms supplied by the Department as specified in the PROCEDURE. 9. Ryan Ruskay, Grant Program Manager, or successor, is hereby designated the DEPARTMENT'S Contract Manager for the purpose of this Agreement; shall be responsible for ensuring performance of its terms and conditions; and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall be responsible for ensuring performance of the terms and conditions of the Agreement, and shall act as liaison to the DEPARTMENT in all matters relative to this AGREEMENT. The GRANTEE'S Liaison Agent shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information the Liaison deems pertinent to Page 4 of 9 EXHIBIT I - 1 OF 2 TR 8411 the progress and status of the PROJECT. The Liaison shall submit photographs of the constructions work accomplished when requested by the DEPARTMENT. 10. All monies expended by the GRANTEE for the purpose contained herein shall be subject to preaudit review and approval by the Comptroller of Florida in accordance with Section 17.03, Florida Statutes. 11. Each party hereto agrees that it shall be solely responsible of the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 12. The DEPARTMENT has the right to inspect said PROJECT and any and all records related thereto at any reasonable time. 13. This Agreement shall be canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 14. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for non --compliance by the GRANTEE with this Agreement, the GRANTEE shall have thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The Page S of 9 EXHIBIT I - 1 OF 2 TR 8411 DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of the amout of any reimbursement due to the DEPARTMENT within thirty (30) days. 15. The DEPARTMENT shall require a refund, either in whole or in part, of the funds provided by it to the GRANTEE for non-compliance with the terms of the Agreement, including any reimbursement due to the DEPARTMENT described in Paragraph 14. The GRANTEE, upon receiving such notification from the DEPARTMENT, shall forthwith pay the amount of money directly to the DEPARTMENT within thirty (30) days. Such refund shall include simple interest calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT. 16. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17. Reimbursement of eligible travel expenses shall be subject to the requirements of Section 112.061, Florida Statutes, and any rules promulgated thereunder. 18. Allowable indirect costs shall not exceed 159k of the GRANTEE'S eligible wages and salaries. 19. Prior to final reimbursement, the GRANTEE shall erect a permanent information sign on the PROJECT site which Page 6 of 9 EXHIBIT I - 1 OF 2 TR 8411 credits the Florida Department of Environmental Protection and the Florida Legislature as funding sources for the PROJECT. 20. No person on the grounds of race, creed, color, national origin, age, sex, marital status, or ability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 21.. This Agreement strictly prohibits the expenditure of funds from this grant for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 22. Any entity which is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes; (b) If the amounts received exceed $25,000, but do not exceed $1.00,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of Page 7 of 9 EXHIBIT I -1 OF 2 TR 8411 perjury, that the entity or organization has complied with the provisions of the grant. 23. A copy of the audit required in Paragraph 22 shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 24. This Agreement is not intended nor shall it be construed as granting any rights, privileges, or interest in any third party without mutual written agreement of the parties hereto. 25. It is understood by the parties that the amount of this grant may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should such shortfall be declared, this grant may be reduced by the percentage of the appropriation the Department is assessed for the mandatory reserve. 26. 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. ige 8 of 9 EXHIBIT I-1OF2 TR 8411 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA CITY OF TAMARAC DEPARTMENT OF ENVIRONMENTAL PROTECTION Director or Designee Division of Recreation and Parks Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Pon 2399-3000 Corytra(;,r- MaITager By67 Title: Y44 -ro m Address: 7501. N. University Dr. Tamarac, F1 33321 Grantee Attorney Approved as to Form and Legality: This form has been pre -approved as to form and legality by Suzanne Brantley, Senior Assistant General Counsel, on August 31,1998 for use for one year. DEP 42-058 Revised 08-18-98 Page 9 of 9