HomeMy WebLinkAboutCity of Tamarac Resolution R-82-179Introduced by �
Temp.# 2243
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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.