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
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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repealed to the extent of such conflict.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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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