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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-179Introduced by � Temp.# 2243 1 2 3 4 5 9 10 11 12 13 14 15 16 �) i 40 21 22 23 24 25 26 27 28 29 30 12. � 33 34 35 36 CITY OF TAMARAC, FLORIDA q RDSOLUTION NO. R__Jp�:7/ 7/ OFFICIALS TO EXECUTE A PROJECT AGREEMENT WITH THE FLORIDA DEPARTMENT OF • • FOR A RECREATIONAL BOATING IMPIUM= PROGRAM AT CYPRESSCPTEK COMMONS;• D PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City Officials are hereby authorized to execute a project agreement for funds with the State of Florida, Department of Natural Resources, for a recreational boating improvement program at Cypress Creek Commons,a copy of said agreement being attached hereto as Exhibit "A". SECTION 2: This Resolution shall become effective iTmiediately upon its adoption. PASSED ADOPTED AND APPROVED this 4 day of , 1982. ATTEST: ASSISTANT CITY CLERK MAYOR: I HEREBY CERTIFY tha I have DISTRICT approved the form correctness DISTRICT of th' esoluti n [��[ DISTRICT DISTRICT RECORD OF COUNCIL VOTE 1 .I �3 :STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Florida Boating Improvement Program Project Agreement - Development This Agreement, by and between the State of Florida Depart- ment of Natural Resources,:hereinafter referred to as the DEPARTMENT, Broward County hereinafter referred to as the COUNTY, and city of Tamarac- , hereinafter referred to as City, in furtheranceof an approved recreational boating program involving the parties hereto, in pursuance of which the parties hereto agree as follows: 1. This agreement shall be.performed in accordance with Chapter 327.28, Florida Statutes, and Chapter 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 con- struction, operation and maintenance of the project authorized by this agreement. 3. The CITY agrees to implement the recreational boating improvement project known as Cypress Creeks Commons (FBIP Project No. 11-62-43 ) and as described in the project appli- cation submitted to an approved by the DEPARTMENT. 4. The CITY agrees to complete said project on or before June 14, 1983 If the project is not completed on or before this date the COUNTY agrees to return to the DEPARTMENT any unexpended funds which may have been advanced to the COUNTY for the project. S. The DEPARTMENT agrees to obligate and make available to the COUNTY the approved project amount of $ 56,200.00 to be used for the aforementioned boating improvement project. The funds will be advanced to the COUNTY in no more than three installment(s). The initial payment of $ 18L733.34 will be released by the DEPART- MENT following the execution of this agreement. Subsequent payments shall be requested by the COUNTY as the work progresses, and shall be accompained by suitable documentation of expenditures for the previous payment. The DEPARTMENT may withhold requested installments if previously advanced funds have not been properly expended. 6. The COUNTY and CITY agree that the project when completed will be operated and maiTktained as a public recreational boati.ig facility in satisfactory condition for twenty-five (25) years from the date of project completion. The COUNTY further agrees to return to the DEPART- MENT all funds tendered for the project in the event the project becomes utilized for other than boating related purposed during this period.. 7. In the event unexpended funds exist at the completion of the project, the COUNTY agrees to return said unexpended funds to the DEPARTMENT within sixty (60) days. If not returned within sixty (60) days, the COUNTY understands and agrees that any further COUNTY requests for funding from the DEPARTMENT shall be denied until the funds have been returned. 9. In the event the CITY elects to implement a user fee system for any of its facilities funded by the Florida Boating Improve- ment Program (FBIP), the CITY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion, or other condition or the political jurisdiction in which the user may reside. 10. The DEPARTMENT reserves the right to henceforth inspect the project as well as the right to audit any and all financial records pertaining to said project at reasonable times. 11. Failure to enforce any of the provisions of this Agree- ment shall not be considered a waiver, operate to discharge, or render inoperative any of the provisions of this Agreement or impair the right of the parties to enforce the same. 12. No waiver or modification of any provision of this Agree- ment shall be made without prior written approval of the parties hereto. 13. This agreement shall become effective on the date of the signature of the Executive Director of the DEPARTMENT. Page 2 of 3 pages DNR 42-017 Rev. 1-28-82 1 IN WITNESS TIIERETO, the parties hereto have caused these presents to be executed by the officer or agents thereunto lawfully authorized. ` EXECUTIVE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES Attest: By: Elton J. Gissendanner Executive Director Its Agent for this Purpose BOARD OF COUNTY COMMISSIONERS test: By: Its Agent for this Purpose CITY OF TAMARAC Attest: By: Wal r W. alc , May By: Ar�—� Carol �A.EvihsAss't. ?C:TMC�lerlk Laura Z. tuurmans, ity Effective Date: July 14, 1982 Approved as to fo c_7 ty/At4orn ger Page 3 of 3 pages DNR 42-017 STATE OF FLORIDA DEPAR'INEINT OF NATURAL Florida Boating Improvement Program Project Agr.eemont - Dovelopment This Agreement, by and between the State of Florida Department of Natural Resources, hereinafter referred to as,the DEPARTMENT, Broward County , hereinafter referred to .is the ('01IN`I'Y, and City of Tamarac , hereinafter referred to as CITY, in furtherance of an approved recreational boati.nq program involv- ing the parties hereto, in pursuance of which the parties hereto agree 8s folldws: 1. This agreement shall be performed in accordance with Chapter 327.28, Florida Statutes, and Chapter 16D-5, Part III, Florida Adminis- trative Code. 2. The COUNTY, as the official applicant and recipient of pro- gram funds, shall be responsible for grant administration and account- ability. The CITY shall act as agent for the COUNTY for construction, operation and maintenance of the project authorized by this agreement. 3. The CITY agrees to implement the recreational boating improve- ment project known as Cypress Creek commons (FBIP Project No. 11-62-43 ) and as described in the project application approved by the DEPARTMENT and attached to this agreement as FXIIIBIT A. 4. The CITY agrees to begin the project on or before December 31.1982 _, and complete the project on or before December 31.1983 If the project is not completed on or before this date the COUNTY agrees to return to the DEPARTMENT any unexpended funds which may have been advanced to the COUNTY for the project, in- cluding any interest accrued on the funds while in the possession of 1 the COUNTY. 5. The COUNTY shall provide the DEPARTMENT quarterly prodrors reports on the project, specifying the percentage of completion of each project element. 6. The DEPARTMENT agrees to obligate and make available to the COUNTY the approved project amount of $ 56,200 to be used for the aforementioned boating improvement project. The funds will be Page 1 of 4 el provided to the COUNTY in three installment (s). Thom initial payment of $ 28,100 will. IW 1.0101.1f;0d I+y' tho I)1:11A '1'- MENT following the execution. of this agreement, and a}>r)n rr'(luo�;t: I)y the COUNTY, and certification by the COUNTY that the project shall commence within 60 clays from the (late of the request. suh5equent payments shall be requested by the COUNTY as the work and shall be accompanied by suitable documentation of expenditures for the previous payment. Payment requests and documentation shall be submitted in accordance with the FBIP Grants Accountability policy attached to and made a part of this agreement as FX11IT31T B. The DEPARTMENT may withhold requested installments if previously advanced funds have not been properly expended. •' 7. The DEPARTMENT and COUNTY understand and agree that there shall be no reimbursement of funds by the DEPARTMENT for any tion or expenditure made prior to the execution of this agreement with the exception of $ -0- obligated for the followinq: 8. The COUNTY and CITY agree that the project when completed will be operated and maintained as a public recreational boating facility in satisfactory condition for twenty-five (25) years from the date of project completion. The COUNTY further agrees to return to the DEPARTMENT all funds tendered for the project in the event the project becomes utilized for other than boating related purposes during this period. 9. In the event unexpended funds exist at the completion of the project, the COUNTY agrees to return said unexpended funds to the DEPARTMENT within sixty (60) days after project completion. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for- mm eomip�}a,net„ojt}4jgj , the COUNTY will be allowed a maximum of 60 days to submit any additional per- tinent documentation to offset the amount identified as being due the DEPARTMENT. 10. If it becomes necessary for the DEPARTMENT to demand a return of any or all funds tendered pursuant to paragraph 5 of: this Agreement, the COUNTY agrees to return said funds to the DEPARTMENT Page 2 of 4 within sixty (60) days. If not returned within sixty (60) days, the COUNTY under standn .-in(] agrees th;11 ."iiy fnr t her C(flINTY f oil funding from the DEPARTMENT. shal.] be denied until, the fundr; lhave been returned. 11. In the event the CITY elects t:o imp.1(-meat -I user fee system for any of its facilities funded by the Florida Boating Tmprove- ment Program (FBIP), the CITY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or other con- dition or the political jurisdiction in which the user may reside. 12. The DEPARTMENT reserves the right to henceforth inspect the project as well as the right to audit any and all financial records pertaining to said project at reasonable times. This contract 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 contract pursuant to the provisions of Chapter 119, F.S. 13. For any year in which this contract extends beyond the DEPARTMENT'S fiscal year (June 30), performance by the DEPAarIENT under this contract shall be subject to and contingent upon the availability of monies lawfully appropriated to the DEPARTMENT for the purposes of this contract. 14. The COUNTY and CITY agree to hold 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 to the extent provided by law. 15. For the purpose of this contract, David 0. White, Grants Coordinator, or successor is hereby designated as the Department's Contract Manager and shall be responsible for insuring performance of contract terms and conditions and shall serve as a liaison with the COUNTY and shall approve all requests prior to payment. I�.. 16. This agreement shall become effective on the date of the signature of the Executive Director of the DEPARTMENT. Page 3 of 4 IN WITNESS THERETO, the parties hereto have caused these presents to be exocuLed by thc- Orric•ur M- .itlent L1wi-emil c, I -Iw- fully authorized. Attest: Attest: Attest: Effective Date: DNR Contrac age DNR Co `ract AcT ist ator /•DN At rn ,,/ i DF,PAR'1MENT 01" NATLIPAI, By: Elton J Gissendanner Executive Director Its Agent for this I'u7-pose BOARD OF COUNTY COT•'MISSIONERS By: CITY OP _ SAMARAL_ - ----- --- --_-- -- Mayor APPROVED AS Td' r,--." ' CITY OF TAMARAC By: Stephen Wood Ac i ty M ager STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Florida Boating Improvement Program Project Application Project Identification 1. Type of Project: Acquisition Development X Planning Launch Site X New Docking Facility X Expansion X Channel Marking Renovation Other (specify) For Office Use Only Date Received Project No. County I 2. Project Title: CYPRESS CREEK COMMONS 3. Project Location: NW CORNER OF SOUTHGATE BOULEVARD AND UNIVERSITY DRIVE 4. Brief Description of Project: EXPANSION OF EXISTING LAUNCHING FACILITY TO INCLUDE DOCKING AMENITIES AND OTHER ITEMS. Grant Requested: Source of Other Funds: CITY OF TAMAF.AC $ 56,200.00 $ 5,7.00.00 Estimated Total Project Cost $ 61, 0100 .00 5. Applicant Identification: Applicant County: BROWARD Located in City of: TAMARAC (if/applicable) Liaison Agent: R. W. Wiedrich Appointed Representative of BROWARD County, Board (Name of County) of County Commissioners Address: 5811 NW 88th Avenue Tamarac, Florida 33321 I�City of Tamarac Ph -- 7. Signatu Date: DNR 42-034 Rev. 8-1-80 Et'-'Jj M� 4.L iJ ►ut to i wy �+ i:. Li -1 EXHIBIT aA'► ESTIMATED COST BREAKDOWN BOAT SLIPS (4) (18 X 4 ) $1500 EA BOARDWALK & RAMS (2) (122' X 4') PAVING OF PARKING LOT & ACCESS ROADS WELL, PUMPS (5), IRRIGATION SYSTEM 200 AMP SINGLE PHASE ELECTRIC SERVICE & LAMPS $ 6,0D0 10,000 15,000 1,900 (PARKING LAT) 13,200 BANK EROSION CONTROL & LANDSCAPING 5,000 CONTINGENCY 109� 0 $ 56,200 CITY OF TAMARAC PROPOSE TO FURNISH THE FOLLOWING; 1. TRENCH ALL ELECTRIC LINES FOR THE SUCCESSFUL CONTRACTOR. 2, SUPPLY LABOR -FOR BANK EROSION CONTROL & LANDSCAPE 3. INSTALL PUMPS FOR IRRIGATION SYSTEM 4, FURNISH & INSTALL (5) PICNIC TABLES 5, FURNISH & INSTALL (5) CHARCOAL GRILLS FLORIDA BOATING IMPROVEMENT PROGRAM Grants Accountability Policy I. Purpose and Accountability This grants accountability policy establishes L-rr. guide- lines and procedures to be utilized to account fe_ -_ruts funds disbursed by the Department of Natural Resources under the Florida Boating Improvement Program. It sets forth principles for deter- mining eligible program costs, supporting documentation., minimum reporting requirements and"applies to all project sponsors re- ceiving funds through the program. Waiver or modification of the eligible costs, supporting documentation or reporting requirements may be made by the Department's Executive Director, or his designee, provided that the approval for any such changes shall be evidenced by an appropriate provision in the project agreement, or amendment thereto. II. Disbursement of Funds Grants funds shall be disbursed by the Department directly to project sponsors in accordance with good cash management principles, in installments as specified in the project agreement. Funds will be disbursed according to the following schedule for projects funded on an advance payment basis: 50% of the project amount following execution of the project agreement. 40% at the request of the county following expenditure of the first installment. 10% following documented completion of the project. For project grants of up to $5,000 and for completed projects funded by reimbursement, the following schedule will apply: 90% following execution of the project. agreement. I ' 10o following documented completion of the project. III. Contract Classification Program project agreements are defined as Actual Cost con - contracts whereby sponsors are reimbursed for eligible project costs incurred in accomplishing the project required by the Department. •� � y i ` t i � r 1 'r� �• A time such equipment is used or required to be available to accomplish the project. b. Ineligible - Use of grantee owned equipment-. 6. Travel and Per Diem - Ineligible. 7. Indirect Costs - Ineligible. VI. Supporting Documentation 1. Contractual Services - Services provided for project sponsors by private or independent contractors shall be evidenced by formal agreements or contracts executed by all appropriate parties specifying the -exact terms and conditions. Competi- tive bid specifications and actual bids received shall be . maintained by the project sponsor. Appropriate records (i.e. contracts or invoices, cancelled checks, etc.) shall be main- tained by project sponsors to support work and/or services performed through contractual services. 2. Materials and Supplies a. Direct Purchases - Vendor invoices shall be maintained that include a description of the items and quantity purchased, unit cost and total cost, less applicable discounts. Invoices shall also contain the delivery date and signature of a project sponsor employee assigned '-_o work on the project along with a description of the general use for such materials or supplies. Purchase orders, requisitions, cancelled checks and competitive bid documentation as applicable, shall be maintained as evidence of payment for such purchases. b. Project Sponsor Stock - Materials or supplies taken from a project sponsor's stock or inventory shall be supported by material requisitions or other job order/project cost records signed by the storekeeper and the project sponsor II employee assigned to work on the project. These source documents shall describe items in detail and identify the general use of such materials based upon the project sponsor's normal method of inventory evaluation. No warehouse or overhead charges by the project sponsor shall be allowed. orovided such alternate records contain the same deta=:. information as required above in Section V. b. The project sponsor may request advance written a_-_D=7a1 of the Department's project administrator to engage _--:-:,--pendent Certified Public Accountants to provide a revie-. _nd compila- tion of project costs presented in the same c_._eral cos -IL - categories as contained on the reimbursement request form, DNR 42-065. Such statements shall be accepted in lieu of the other specified Department forms required above for Section V, only if payment requests are withheld by the project sponsor until completion of the project and submitted with the CPA's report. The additional cost incurred by the project sponsor for this alternate billing method shall not be eligible for reimbursement. IX. Services Provided by Affiliated Agencies. If services are obtained or materials purchased from subunits or divisions of the project sponsor, such costs shall be supported and billed in the same manner as required for the project sponsor and reimbursement shall be requested by and made to the project sponsor by the Department. X. Record Retentions and Audits. (1) Financial records, supporting documentation, statistical and all other records pertinent to this contract shall be retained for a period of three years, except that such records shall be retained 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 retention period commences from the date of Lhe submission of the final expenditure report, or for annual renewable grants or con- tracts, from the date of submission of the annual financial I'I status report. (2) All records of the project sponsor in support of the project cost included in payment requests shall be subject to review by the Department, the Auditor General, Comptroller, or others who may be authorized to audit the records of the Department which involves the project sponsor.