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HomeMy WebLinkAboutCity of Tamarac Resolution R-90-050Temp. Reso. ff5691 1 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--9 0 - ,_52> A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE. AN AGREEMENT AND AMENDMENT TO AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES AND BROWARD COUNTY PERTAINING TO THE FLORIDA BOATING IMPROVEMENT PROGRAM FOR THE VETERANS PARK RESTROOM PROJECT (PROJECT NO. B88-016), DNR CONTRACT NUMBER C 5462; AND PROVIDING FOR. AN EFFECTIVE: DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement with the State of Florida Department of Natural Resources and Broward County pertaining to the Florida Boating Inipr:ovemerlt Program for the Veteran's Park Restroom Project (Project No: B88-016), DNR. Contract Number C-5462, a copy of said agreement is attached hereto and made a part hereof as "Exhibit 1". SECTION 2: That the appropriate City officials are hereby authorized to execute an amendment to the above agree- ment increasing the grant project amount to $50,000 and extend- ing the project deadline to June 16, 1990; a copy of said agreement is attached hereto and made a part. hereof as "Exhibit 2". SECTION 3: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this %� day of 611 1990. w wNORMAN ABRAMOWITZ MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLD as to for ALAN . OF INTERIM CI7' ATTORNEY RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT 1: C/M LOHR DISTRICT 2:. C/M ELZER- .., tZ,.,�...., DISTRICT 3: „ C/M HpF�F_M,l1fN.--, DISTRICT 4: V/M BENDER le- ga rP STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES PWRIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT AGREEMENT Contract No. C5462_ The State of Florida DEPARTMENT of Natural Resources, hereinafter Oreferred to as the DEPARTHIM, Broward County, hereinafter referred to as the COUNTY, and the City of Tamarac, hereinafter referred to as CITY, in pursuance of a recreational boating project approved under the Florida boating Improvement Program (FBIP), hereby agree to the following terms and conditions: 1. This Agreement shall be performed in accordance with Chapter 327.28, Florida Statutes, and Chapters 16A-11 and 16D-5, Part III, Florida Administrative Code. 2. The COUNTY, as the official applicant and recipient of program funds, shall be responsible for grant administration and accountability. The CITY shall act as agent for the COUNTY for construction of the project authorized by this Agreement. 0 3. The CITY agrees to implement the recreational boating improvement project known as Veteran's Park Restroom (FBIP Project No. B88016), in accordance with the following project elements which may be modified with due notice and good cause shown to the DEPARTMENT: Construction of restroom and installation of water and sewer lines. Restoration of pavement. 4. The CITY agrees to begin the project within six months after the execution date of this Agreement and shall complete the project on or before 365 days of the execution date. If the project is not completed within this time, the DEPARTMENT shall withhold further payment and deny any further request for project approvals until the project has been completed. 5. If the COUNTY receives advanced funds and the"project is not Atarted within 90 days of receipt, the COUNTY shall return to the DEPARTMENT all advanced funds plus interest in the amount which would havi ya�ccrued to the trust fund had the funds not been disbursed. 6. The DEPARTMENT agrees to obligate and make available to the COUNTY the approved project amount of $30,000.00 to be used for the project authorised by this Agreement. The funds will be released by the DEPARTMENT in installments, unless advanced pursuant to the provisions of Page 1 of 5 so paragraph #22. The DEPARTMENT, COUNTY and CITY understand and agree that there shall be no reimbursement of funds by the DEPARTMENT for any expenditure made prior to the execution of the Agreement with the exception of $ 0 for the following specific expenditures: N/A 7. Eligible and ineligible costs are established in Chapter 16A-11 and Chapter 16D-5, Part III Florida Administrative Code. 0 S. Payment request and expenditure documentation shall be submitted in accordance with the DEPARTMENTIs Grant and Contract Accountability Policy (Chapter 16A-11, F.A.C.). The Project Manager shall, within ninety (90) days after receipt of a payment request, review the work accomplished to date on the project and, if in order, approve the request for payment. The DEPARTMENT shall retain 10% of grant amount until completion of the project. 9. The COUNTY shall retain all records supporting project costs for three (3) years after the fiscal year in which the final prdgram payment was released by the DEPARTMENT or until final resolution of matter resulting from litigation, claim, or audit that started prior to the expiration of the three-year record retention period. 10. The DEPARTMENT reserves the right to inspect the project as • well as the right to audit any and all financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally cancelled by the DEPARTMENT should the COUNTY or CITY refuse to allow public access to all documents, papers, letters or other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 11. If it becomes necessary for the DEPARTMENT to demand a refund of any or all funds tendered pursuant to this Agreement, the COUNTY and CITY agrees to return said funds to the DEPARTMENT, with interest, within sixty (60) days. If not returned within sixty days, the COUNTY and CITY understands and agrees that any further COUNTY requests for funding as to this or any other project under the DEPARTMENT administration shall be M denied until the funds have been returned. �12. Following receipt of an audit report identifying any reimbursement due a DEPARTMENT, the COUNTY and CITY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the amount identified, or to return the amount due. _Page 2 of 5 � &F - 13. The COUNTY and CITY agrees that the project, when completed, will be operated and maintained in a satisfactory condition for public recreational boating purposes for a minimum twenty five (25) years from the date of project completion. The COUNTY and CITY further agrees to return . to the DEPARTMENT funds tendered for the project with interest, in the event the project becomes utilised for other than public recreational boating purposes during this period. 14. In the event the CITY elects to implement a user fee system for any public facilities, the CITY agree to impose such fees uniformly among the users regardless or race, sex, age, religion or other condition or the Political jurisdiction in which the user may reside. 15. The COUNTY and CITY agree to bold the DEPARTMENT harmless from any liability or claims that may result from the implementation of the project or from alleged negligence in maintenance or operation. 16. Linda Reeves, Grants Specialist or her successor, is hereby designated as the DEPARTMENT'S Project Manager for the purpose of this 0Agreement and shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to the DEPARTMENT upon execution of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The COUNTY'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 to reflect the work accomplished. 17. The DEPARTMENT'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 16. (a) Any asphalt paving shall conform with the Florida Department of Transportation's specifications for road and bridge construction. Hid specifications, contracts t and/or purchase orders must specify thickness of asphalt and square yards to be paved. Page 3 of 5 0 (b) The Agreement does not constitute consent by the DEPARTMENT to conduct dredging operations without first obtaining all necessary local and State permits for said dredging activity including permission from the Board of Trustees of the Internal Improvement Trust Fund. Any violations resulting from inproper/illegal dredging • operations may result in automatic termination of the Agreement by the DEPARTMENT with the COUNTY being held liable for reimbursement of appropriated funds provided through the Agreement plus interest. 19. It shall be the responsibility of the COUNTY to secure all required permits. 20. The COUNTY and CITY shall insure that all purchases of goods and services for the accomplishment of the project shall be secured in accordance with the provisions of the law. 21. The Agreement shall become effective on the date of the signature of the Division Director or his designee of the DEPARTMENT. 22. The DEPARTMENT, COUNTY and CITY mutually agree to the followi special terms and conditions incorporated as part of this Agreement: N A L-141 Page 4 of 5 (e _�a S—r-> If, 0 • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the officer and agents thereunto lawfully authorized. Attest: EXECUTIVE HOARD of THE DEPARTMENT OF NATURAL RESOURCES Hey vC. lAndrum, Direct Division of Recreation and Pa Date: / p,-,G * At st: County of :. Hroward By If /j .�c� �• 0 Attest: f&uf DNR Pro ect Manager r Approved as to Form and Legality NR Attorney Lol Date: &=Z City of: Tamarac By: \,J U Date: — �F/07 Page 5 of 5 tt _�o -s 16D-5.39 Accountability. The following procedures Shall govern the accountability of program grant funds: (1) iach county is responsible for maintaining On accounting system which soots generally accepted accountinq principles and for maintaining such financial records as are aecsssar -to y properly account !or all Program funds. (2) Dpon completion of a project# documentation . of expenditures shall be submitted to the Bureau as an attach - sent to the Project Completion Certification. (3) For All projects, the following information to required upon project Completions . (a) Project Completion Certificate, signed by the liaison agent. (b) The projoct-engineer's statement certifying completion in accordance with subsection l6D-S.36(1) of this Part (for boat ramp and/or dock projects). (c) Documentation of all expenditures incurred against the project. (d) A copy of any planning study report. (e) A refund check for any unused program funds. (4) For acquisition projects, the following additional materials shall be submitted to the Bureau upon closing: (a) Project Completion Certificate signed by the liaison agent. (b) A copy of the closing statement and canceled checks to seller. (c) Copy of warranty deed and title insurance policy. • (d) proof that the land acquired has been officially dedicated as required by Sub- section 16D-5.35(2)(b) of this Part. (5) Authorised personnel of the Department may inspect completed projects and audit project financial records. • (6) If it is found by any state, county or independent audit that funds have not been used in accordance with this part and applicable laws, the county will be responsible for repayment of misused funds to the Department for deposit in the trust fund. Specific Authority 370.021, .371.161, rs. Laws Implemented 371.171, �371.65, History: New 9 Previously numbered 161)-5.o3 t(- c741 s4O 160-S.38 Grant Conditions. The following conditions all apply to all funds distributed through the program: (1) Facilities funded in whole or is part by Program funds shall be administered and slade available to the general public on a eon -exclusive basis without regard to race, color, religion, age, sex, or other condition, or the Political jurisdiction in which the user ray reside. With the QMMMMMMMM�exception of artificial reefs 1 dredgin , aavigation, safety or information markers ali projects must be marked with at least one prominently displayed permanent s1 n recognising the Program. Such signs shall be constructed Ln accordance with s the Department. signs shall be erected prior to project Completion and a photo- raph of the sign in place shall be submitted along with the Project Completion Certificate required by this Part. The cost dmn�of such signs may be charged to the approved project grant. ecifications provided (3) The county commission shall be responsible to the Department for insuring the satisfactory operation and maintenance of sitef and facilities funded under this program. (4) Prior to release of funds for approved projects, the Bounty shall enter into a project agreement with the Department. The project agreement -shall state the purposes and conditions of the grant, the grant amount, and the project Period. The county shall accept the terms and conditions of the project agreement prior to its execution by the liaison agent and the =xecutive Director. (S) Any requested changes in the scope of the Projects project period, or grant amount must be submitted In writing to the Bureau: eic �N1161, +\•I " e_ (30 - S 0 • !G, an 0 rib iiiiiiiii un an 1 r ..� NMI 0 M11w CL c i a m 0 x 0 J,,L • i n 0 e 2 rt 4[ CD N � � o 0 0 3 � .o a .. nip Uhl rt �, 1 ... Z .n 0 a 32 c M. 04 s a0 �v e o0 e 54 �I 4 �v C' 0 _ 5 c -50X (DNR Contract Number) STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Amendment to Agreement This is an Amendment to the Florida Boating Improvement . Program Agreement entered into December 16, 1988, by and between the Florida Department of Natural Resources, hereinafter referred to as DEPARTMENT, Broward County, hereinafter referred to as COUNTY, and the City of Tamarac, referred to as CITY, for the boating improvement project known as Tamarac Veteran Park Restroom, FBIP Project Number B88016, DNR Contract Number C5462. The DEPARTMENT, COUNTY and CITY in mutual consideration of the covenants made herein and in the Agreement of which this is an Amendment, do covenant as follows: Amend paragraph #6 to increase project amount to $50,000.00. Amend paragraph #4 sentence 1 to read: This Agreement shall begin on December 16, 1988 and end June 16, 1990. In all other respects the Agreement of which this is an Amendment and attachments relative thereto shall remain in full force and effect. 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 NATURAL RESOURCES BROWARD COUNTY By: By: Fran P. Mainella, Director Division of Recreation and Parks Title: DNIK Contract Manager Approved as to Form and Legality: Department Attorneyv BI T: B� T. Effective Date: DNR 42-059 Revised 5-23-89 E EIN b