HomeMy WebLinkAboutCity of Tamarac Resolution R-96-2451
Temp. Reso. #7562
10/08/96
Revised 10/14/96
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96- 2-15"
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 $100,000 FROM THE
FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM TO DEVELOP THE ROLLER HOCKEY ARENA AT
THE TAMARAC SPORTS COMPLEX; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac intends to meet the
community's need for recreational facilities;
WHEREAS, the City of Tamarac applied to the Division of Recreation and Parks of
the Florida Department of Environmental Protection (DEP) for a grant in the amount of
$100,000 to provide assistance for engineering and construction costs of the Roller
Hockey Arena; and
WHEREAS, the Director of Parks and Recreation and the City Manager
recommends approval of this agreement; and
WHEREAS, on August 25, 1995, the City Manager submitted a grant application to
Florida Department of Environmental Protection for a grant in the amount of $100,000, with
matching funds from the City, for engineering and construction of a roller rink and ancillary
roadway and parking facilities; and
2
Temp. Reso. #7 -02
10/08/96
Revised 10/14/96
WHEREAS, the City of Tamarac, Florida has designated a recreation account to
fund the facilities and programs expansion targeted to meet the findings of a recreational
needs assessment survey; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to accept the DEP's
grant agreement in the amount of $100,000 for assistance in the development of the
Roller Hockey Ring at the Sports Complex to serve the needs of the residents.
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,
upon adoption hereof.
SECTION 2: That the City Commission hereby accepts the DEP's grant application
approval in the amount of $100,000 for assistance in the development of the Roller Hockey
Rink at the Sports Complex received on June 18, 1996.
SECTION 3: That the City Commission has approved the City's commitment by
entering into a "Project Grant Agreement" a copy attached herewith (Attachment "A") for
the engineering and construction of the Roller Hockey Rink at the Sports Complex. The
appropriate City Officials are authorized to execute the Florida Department of
Environmental Protection, Florida Recreation Development Assistance Program Project
1
1
3
Temp. Reso. #7 2
10/08/96
Revised 10/14/96
Grant Agreement - Development (DEP Contract #F9731) attached hereto as Exhibit A.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provision's of this Resolution are declared to be severable.
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this � ay of �Gber
, 1996.
ORMAN ABRAMOWITZ
Mayor
ATTEST:
CAROL A. EVANS, C.M.C.
City Clerk
I HEREBY CERTIFY that I have
pr ved 9this
�RESO4,UT as to form.
MIT H LL S. KRAFT
City Attorney
RECORD OF COMMISSION
MAYOR.B -
r---
DIST 1:, 201AM, McKUL _
DIST 2:_Wl/M MISIM .....,,.,...
DIST 3: COIL §gWff=
DIST 4: COMM. H F ilk
e, �6,2 �5'
•
•
F9731
(DEP Contract Number)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this D day of
6cz�btK—f 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
public outdoor recreation project. In consideration of the mutual
covenants contained herein and pursuant to Sections 370.023, 375.021 and
375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida
Administrative Code, the parties hereto agree as follows:
1. This Agreement shall be performed in accordance with
Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5,
Part V, Florida Administrative Code, hereinafter called the RULE. The
GRANTEE shall comply with all provisions of the RULE, which is incorporated
into this Agreement by reference, as if fully set forth herein. Failure to
comply with provisions of the RULE may result in cancellation of the
Agreement by the Department. Disputes concerning the interpretation or
application of this Agreement shall be resolved by the DEPARTMENT whose
decision shall be final and binding on the GRANTEE. The DEPARTMENT may
cancel this Agreement for failure by the GRANTEE to perform pursuant to the
terms and conditions of this Agreement. It is the intent of the DEPARTMENT
and the GRANTEE that none of the provisions of Section 163.01, Florida
Page 1 of 11
Statutes, shall have application to this Agreement.
2. The DEPARTMENT has found that public outdoor recreation is
the primary purpose of the project known as Roller Hockey Rink (Florida
Recreation Development Assistance Program, FRDAP Project Number F97031),
hereinafter called the PROJECT, and enters into this Agreement with the
GRANTEE for construction of public outdoor recreation facilities and
improvements on real property, the legal description of which is set forth
in the Project application. The Project application is incorporated into
this Project Agreement by reference as if fully set forth herein.
3. The GRANTEE will construct, or cause to be constructed,
certain public outdoor recreation facilities and improvements consisting of
the following PROJECT elements which may be modified for good cause by the
DEPARTMENT: roller hockey rink, parking, sidewalk and other related
40 support facilities.
4. The DEPARTMENT shall pay, on a reimbursement basis,
to the GRANTEE, funds not to exceed $100,000.00, which will pay the
DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount $100,000.00 75%
GRANTEE Match $_33,334.00 —2.5
Type of Match Cash
The PROJECT reimbursement request shall include 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 the work
0 Page 2 of 11
and payment request are in accordance with all applicable requirements,
approve the request for payment. The DEPARTMENT shall retain 10% of the
entire DEPARTMENT amount until completion of the PROJECT and all PROJECT
completion documentation, as described in the Florida Recreation
Development Assistance Program Completion Documentation, DEP Form 42-006,
is submitted to the DEPARTMENT by the GRANTEE.
5. Prior to commencement of project construction, the GRANTEE
shall submit for DEPARTMENT approval the documentation described in the
Florida Recreation Development Assistance Program Development Project
Commencement Documentation Form, DEP Form 42-005.
6. The GRANTEE shall comply with the Division of Recreation and
Parks' Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE, and incorporated into this Agreement by reference as if fully
set forth herein. The GRANTEE shall ensure that all purchases of goods and
services for accomplishment of the PROJECT shall be secured in accordance
with the GRANTEE'S adopted procurement procedures. Expenses representing
the PROJECT costs, including required matching contribution, shall be
reported to the DEPARTMENT and summarized on certification forms provided
in the PROCEDURE. The PROCEDURE establishes uniform guidelines to be
utilized by the DEPARTMENT and the GRANTEE in accounting for grant funds
disbursed under the PROJECT and sets forth principles for determining
eligible costs, supporting documentation and minimum reporting
requirements.
7. 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
0 Page 3 of 11
Z, S'6 -02 15��
resulting from any litigation, claim or audit that started prior to the
expiration of the three-year retention period. The DEPARTMENT, State
Auditor General, State Comptroller and other agencies or entities with
jurisdiction shall have the right to inspect and audit the GRANTEE'S
records for said PROJECT within the retention period.
8. Program funds may be reimbursed for eligible costs incurred
by GRANTEE prior to execution of this Agreement if the GRANTEE has been
granted a written Waiver of Retroactivity by the Department and all
applicable requirements have been satisfied. The DEPARTMENT and the
GRANTEE fully understand and agree that there shall be no reimbursement of
funds by the DEPARTMENT for any obligation or expenditure made prior to the
execution of this Agreement with the exception of $-0-, for: N/A
9. This Agreement shall become effective upon execution and
0 the Grantee shall complete construction of all PROJECT elements on or
before
. The completion date may be extended by the
DEPARTMENT for good cause at the written request of the GRANTEE and must be
made prior to project completion date.
10. The DEPARTMENT'S Contract Manager for the purpose of this
Agreement shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment.
The GRANTEE'S Liaison Agent, as identified in the project application, or
successor, shall act on behalf of the GRANTEE relative to the provisions of
the 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
appropriate information. Photographs shall be submitted when appropriate
0 Page 4 of 11
'e 5 6 -,-"? /-/�
to reflect the construction work accomplished.
11. All monies expended by the GRANTEE for the purpose contained
herein shall be subject to pre -audit review and approval by the Comptroller
of Florida in accordance with Section 17.03, Florida Statutes.
12. Each party hereto agrees that it shall be solely responsible
for 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.
13. The DEPARTMENT reserves the right to inspect said
PROJECT and any and all records related thereto at any reasonable time.
14. This Agreement may be unilaterally canceled by the DEPARTMENT
in the event the GRANTEE refuses to allow public access to all documents,
papers, letters or other materials made or received in conjunction with the
Agreement pursuant to the provisions of Chapter 119, Florida Statutes.
15. Following receipt of an audit report identifying any
reimbursement due the DEPARTMENT for non-compliance by the GRANTEE with
said Agreement, the GRANTEE will be allowed a maximum of sixty (60) days to
submit additional pertinent documentation to offset the amount identified
as being due the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of any
reimbursement due the DEPARTMENT.
16. The DEPARTMENT shall also have the right to demand a refund,
either in whole or part, of the funds provided to the GRANTEE for non-
compliance with the terms of the Agreement. The GRANTEE upon notification
from the DEPARTMENT, agrees to refund, and will forthwith pay, the amount
Page 5 of 11
of money demanded-- which payment shall be made directly to the DEPARTMENT.
Such refund shall include interest calculated at two (2) percent over the
prevailing prime rate as reported by the Federal Reserve on the date the
Department calculates the amount of refund due. Interest shall be
calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT.
17. The State of Florida's performance and obligation
to pay under this Agreement is contingent upon an annual appropriation by
the Florida Legislature.
18. Reimbursement of eligible travel expenses shall be subject to
the requirements of Section 112.061, Florida Statutes.
19. Allowable indirect costs shall not exceed 15% of the
GRANTEE'S eligible wages and salaries. Indirect costs that exceed
15%- must be approved in advance by the DEPARTMENT to be considered eligible
PROJECT expenses.
20. 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.
21. Prior to final reimbursement, the GRANTEE must erect a
permanent information sign on the project site which credits project
funding or a portion thereof, from the Florida Department of Environmental
Protection and the Florida Recreation Development Assistance Program.
22. Land owned by the GRANTEE, which is developed or acquired
with FRDAP funds, shall be dedicated in perpetuity by the GRANTEE as an
outdoor recreation site for the use and benefit of the public. The
Page 6 of 11
dedication must be recorded in the public property records by the GRANTEE.
The GRANTEE shall ensure that the project, if on GRANTEE -owned land and
purchased or developed with FRDAP funds, shall be managed for outdoor
recreation purposes for a minimum period of twenty-five (25) years from the
completion date set forth in the project completion certificate. Land
owned by an entity other than the GRANTEE which GRANTEE controls by lease,
permit, license, easement, management agreement or other valid interest and
developed with program funds, shall be managed as an public outdoor
recreation area for a minimum period of twenty-five (25) years from the
completion date set forth in the project completion certificate. Such
project shall be open at reasonable times and shall be managed in a safe
and attractive manner appropriate for public use. Should GRANTEE convert
all or part of the project site to a use or uses other than DEPARTMENT
approved public recreational uses, the GRANTEE shall replace the area,
facilities, resource and site at its own expense with a project of
comparable scope and quality acceptable to the DEPARTMENT. In lieu of
accepting a replacement facility, resource or site, the Department may
require return of all grant funds with applicable interest.
23. No person on the grounds of race, creed, color, national
origin, age, sex, marital status or ability level, shall be excluded from
participation in; be denied the proceeds or benefits of; or be otherwise
subjected to discrimination in performance of this Agreement.
24. This Agreement strictly prohibits the expenditure of FRDAP
funds for the purpose of lobbying the Florida Legislature, the judicial
branch, or a state agency.
25. Any local governmental entity, nonprofit organization, or
0 Page 7 of 11
for -profit organization that is awarded funds from a grants and aids
0 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; or
(b) If the amounts received exceed $25,000, but do not exceed
$100,000, have an audit performed in accordance with the rules of the
Auditor General promulgated pursuant to 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 perjury, that the
entity or organization has complied with the provisions of the grant.
26. Pursuant to Section 215.422, Florida Statutes, the
Department's Project Manager shall have five (5) working days, unless
otherwise specified herein, to inspect and approve the services for
payment; the Department must submit a request for payment to the Florida
Department of Banking and Finance within twenty (20) days; and the
Department of Banking and Finance is given fifteen (15) days to issue a
warrant. Days are calculated from the latter date the invoice is received
or services received, inspected, and approved. Invoice payment
requirements do not start until a proper and correct invoice has been
received. Invoices which have to be returned to a contractor for
correction(s) will result in a delay in the payment. A Vendor Ombudsman
has been established within the Florida Department of Banking and Finance
0 Page 8 of 11
who may be contacted if a contractor is experiencing problems in obtaining
timely payment(s) from a State of Florida agency. The Vendor Ombudsman may
be contacted at 904/488-2924 or 1-800-848-3792.
27. In accordance with Section 215.422, Florida Statutes, the
Department 'shall pay the Contractor, interest at a rate as established by
Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in
payment of an invoice is not issued within 40 days after receipt of a
correct invoice and receipt, inspection, and approval of the goods and
services. Interest payments of less than $1 will not be enforced unless a
contractor requests payment. The interest rate established pursuant to
Section 55.03(1), by Comptroller's Memorandum No. 10 (1995-96) dated
December 1, 1995, has been set at 10.0% per annum or .02740% per day. The
revised interest rate for each calendar year beyond 1996 for which the term
• of this Contract is in effect can be obtained by calling the Department of
Banking and Finance, Vendor Ombudsman at the telephone number provided
above or the Department's Contracts Section at 904/922-5942.
28. A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not perform
work as a grantee, contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section
287.017, F.S., for Category Two, for a period of 36 months from the date of
being placed on the convicted vendor list.
29. In addition, a copy of the audit or attestation as 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
Page 9 of 11
certificate.
0 30. 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.
31. 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 a shortfall be declared,
this grant may be reduced by the same percentage as the DEPARTMENT is
assessed for the mandatory reserve.
32. This Agreement represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or waivers of
provisions of this Agreement shall only be valid when they have been
reduced to writing, duly executed by each of the parties hereto, and
attached to the original of this Agreement.
0 Page 10 of 11
C� J
•
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 DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By:
Division Director or Designee
Division of Recreation and Parks
CITY OF TAMARAC
By:
By� N �ryTitz Ma
Robert S. Noe, Jr.
City Manager'
Title.
Address: Address:
Bureau of Design and Recreation Services 7525 Northwest 88th Avenue
Division of Recreation and Parks Tamarac, Florida 33321-2401
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
no
DEP ontract M nager
Approved as to Form and Legality:
This form has been pre -approved as to
form and legality by Suzanne B.
Brantley, Assistant General Counsel,
on June 27, 1996, for use for one year.
DEP 42-058
Revised 06-11-96
City Attorney
t�&rol A. Evans, CMC
City Clerk
Page 11 of 11