HomeMy WebLinkAboutReso 2007-1136
RESOLUTION NO. 2007- I J 3"
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING A PROJECT GRANT
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, ATTACHED HERETO AS EXHIBIT
"A"; AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT
AWARD OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) FROM
THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
(FRDAP) FOR DEVELOPMENT OF THE PELICAN COMMUNITY PARK
LOCATED AT 181 ST - 182ND DRIVE AND NORTH BAY ROAD;
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
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WHEREAS, The Florida Department of Environmental Protection through the Division of
Recreation & Parks and the Bureau of Design & Recreational Services offers matching grants up to a
total project cost of $200,000.00; and
WHEREAS, the City submitted an application for and deemed eligible to receive a FRDAP
grant in the amount of$200,000.00 for the development of the Pelican Community Park located at
181 st _182nd Drive and North Bay Road, provided that the City commit to a matching contribution;
and
WHEREAS, the State funding available is $200,000.00; and
WHEREAS, the required City match of $200,000.00 has been met by the land already
acquired by the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval ofProiect Grant Agreement. The Mayor is hereby authorized to execute the
Project Grant Agreement with the Florida Department of Environmental Protection.
Section 2. Authorization to Receive and Expend Grant Money. The City Manager is hereby
authorized to receive and expend this $200,000.00 Grant from the Florida Recreation Development
Assistance Program for development of Pelican Community Park.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
Section 4.
This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 19th day of July 2007.
R2007- FRDAP Grant Award Pelican Comm Park
.,ATTEST: ,
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'. '~ane A. Hines, CMp, City Clerk
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Moved by:
Seconded by:
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Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
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R2007- FRDAP Grant Award Pelican Comm Park
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TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, VI'" Mayor
Roslyn Brezin, Commiu;oner
Gerry Goodman, Comm;JJ;oner
Danny Iglesias, (iimmirJ;oner
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
A. John Szerlag, City Mana,ger
Hans Ottinot, City Attorney
Jane A. Hines, C/1y Clerk
MEMORANDUM
Honorable Mayor and City Commission
A. John Szerlag, City Manager
Susan Simpson, Cultural & Human Services Director
July 19,2007
APPROVAL OF DEDICATION AND LOCATION OF BEACH ACCESS
RECOMMENDATION:
It is recommended that the City Commission adopt the attached resolution approving the location
of a beach access dedication sign.
REASONS:
At the June 15, 2006 Commission meeting, it was established that the City Commission wished
to dedicate certain beach accesses. It is proposed to dedicate the beach access located at 180th
Street and Collins Avenue in honor of the Dezer family.
This dedication is in honor of the Dezer family's contribution to the City by their outstanding
vision, leadership and accomplishments as hotelier, developer, and philanthropist supporting
humanitarian causes in the United States, more particularly the City of Sunny Isles Beach, and
Israel.
Mr. George Fisher
Page 2
July 1, 2007
Administrative Documents
1. Commencement Documents: The construction or acquisition cannot begin until all
commencement documentation has been received and approved by this Office. We ask
that you complete the documents enclosed and return to our office on or before
September 7, 2007.
2. Status Report Forms
3. Reimbursement Request Forms
4. Completion Documentation: The Completion Documentation must be received in this
office, by April 3D, 2010.
Grants Implementation Workshops
The grants implementation workshops are held to give an overview of the program
requirements and to address any questions regarding the administration of the project, from the
commencement to the completion of the project. The workshops are scheduled for July 31, 2007
in Tallahassee at the Carr Building Conference Room170 and at the Embassy Suites in Orlando
on August 8, 2007. Attendance is not mandatory, but if you have not previously attended, we
strongly encourage your participation. The workshops are free. No refreshments are served.
The workshops are held from 9:00 a,m. until noon. Driving instructions are enclosed.
Ceremonial Check
A ceremonial check for your project is enclosed. We know you are proud of this project and
may wish to schedule presentations, groundbreakings, site dedications, or other appropriate
ceremonies to make others aware of this achievement. We encourage a joint event with your
legislative delegation and local elected officials. Your legislative delegation has been notified
that your project was funded and that the ceremonial check was sent to you. A sample of the
letter sent to legislators is enclosed.
If you have any questions, please contact our office at (850) 245-2501. We look forward to
working with you on this project.
Sincerely,
;:lY1 Le ~
Community . ssistance Consultant
Office of Information and Recreation Services
Division of Recreation and Parks
Mail Station #585
Enclosures
c: Mike Bullock, Director
Florida Park Service
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Flcrida Department of
Environmental Protection
Ch,lIlic Crisl
Governor
Marjo!}' Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
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I.l GovcmOl'
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July 1, 2007
Mr. George Fisher
Grants Coordinator
City of Sunny Isles Beach
18070 Collins A venue,
4th Floor
Sunny Isles Beach, FL 33160-2723
Re: 181st Drive Active Park
FRDAP Project No. F08036
Dear Mr. Fisher;
Congratulations, we are pleased to inform you that the Florida Legislature has funded the 2007-
2008 Florida Recreation Development Assistance Program (FRDAP) priority list at $33,165,471.
The project has been approved for $200,000.00 which is a grant for 181st Drive Active Park.
To assist you in getting started we have enclosed all the forms necessary for the accomplishment
of this grant. Please keep the folder for your reference.
Grant Agreement
The grant agreement has been prepared in accordance with your grant application. It is important
that you review the agreement to ensure that information specific to your project is accurate. The
agreement must be signed and both original copies must be returned to our office on or before
September 7, 2007. Our staff will return one original copy of the agreement when formally
executed by the Department. This project must be completed by April 30, 2010; there will be no
extension to the completion date. If the project is not complete within the three years from the
start of the fiscal year in which funds were appropriated, the agreement shall be terminated and
the project funds shall be reverted to the revenue fund from which they were appropriated. If the
proposed project cannot be constructed within the specified time frame, please submit a letter
declining the grant within thirty days from the date of this letter.
-OVER -
";1 lore Pro!ccuon. Lt.'"s Process"
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edeleup, Mayor
Lewis J. Thaler. Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
TO: The Honorable City Commission
Via:
FROM:
A. John Szerlag, City Manager
'\$'-1
Douglas Haag, Assistant City Manager-Finance
DATE: July 19,2007
RE: RE-APPROV AL OF FRDAP GRANT FOR ACTIVE PARK AKA PELICAN
COMMUNITY PARK IN THE AMOUNT OF $200,000
RECOMMENDATION:
Approve the attached resolution and agreement authorizing the City Manager to take the
necessary steps to apply for reimbursement for part of the cost of constructing the new Pelican
Community Park.
BACKGROUND:
This is effectively an extension of a grant award the City received three years ago for
construction of the new Community Center. However, the initial grant lapsed before the project
was completed. This extension is good for another three years. We are optimistic that the
project can be competed within that timeframe. The grant funds will be available upon issuance
of the Certificate of Occupancy.
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33] 60
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edeleup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Doug Haag, Assistant City Manager/Services _-
Priscilla Walker, CMC, Deputy City Cler; ~
July 23, 2007
Approval of Florida Recreation Development Assistance Program
At its regular meeting of July 19, 2007, the City Commission adopted Resolution No. 2007-
1136, which approved a FRDAP grant, in the amount of $200,000, for the Pelican Community
Park. Attached are a copy of the approving resolution and two (2) original agreements to assist
you in processing this item.
Please forward an orie:inal, executed ae:reement to the Office of the City Clerk, upon
execution bv all parties.
Thank you.
/pw
Attachments
Frdap Grant Approval Trans Memo (Pelican Comm Park)
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DEP Agreement No. F8036
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2007-08) - Development
This PROJECT AGREEMENT is made and entered into this day of
, 2007, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY
OF SUNNY ISLES BEACH, hereinafter called the GRANTEE, a local government, in
furtherance of an approved public outdoor recreation project. In consideration of the
mutual covenants contained herein and pursuant to section 375.075, Florida Statutes,
and chapter 620-5, Part V, Florida Administrative Code, the parties hereto agree as
follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes; and chapter 620-5, Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE
shall comply with all provisions of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163,01,
Florida Statutes, shall apply to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as 181 st Drive Active Park (Florida Recreation
Development Assistance Program (FRDAP), FRDAP Project Number F08036),
hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT
with the GRANTEE for the development of that real property, the legal
description of which shall be submitted to the DEPARTMENT as described in the
Florida Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3. All forms referenced in this PROJECT AGREEMENT may be found at
www.dep.state.fl.us/parks/oirs. Further, the GRANTEE will also receive all
DEP Agreement No. F8036, Page 1 of 10
DEP 55-231 (05/07)
applicable forms for administration of project with GRANTEE'S copy of the fully
executed PROJECT AGREEMENT.
4, The GRANTEE shall construct, or cause to be constructed, certain public outdoor
recreation facilities and improvements consisting of the following PROJECT
ELEMENTS: Baseball field, multi-use court, playground/totlot, picnic facilities,
walking path, landscaping and other related support facilities. These PROJECT
ELEMENTS may be modified by the DEPARTMENT if the GRANTEE shows
good cause and the DEPARTMENT approves the modification.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT'S share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match: Cash/ln-Kind Services and/or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT'S Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A036, referenced in s. 62D-
5.058(Z)(Q) of the RULE, the DEPARTMENT will approve the request for
payment.
7. In addition to the invoicing requirements contained in the paragraph above, the
DEPARTMENT '{ViII periodically request proof of a transaction (such as invoice or
payroll r~gister) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines).
When requested, this information must be provided within thirty (30) calendar
days of the date of such request. The GRANTEE may also be required to submit
a cost allocation plan to the DEPARTMENT in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at
http://www.fldfs.com/aadir/reference%5Fquide. which GRANTEE shall follow.
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if
fully set forth herein. A copy of this PROCEDURE has been provided with this
PROJECT AGREEMENT and may also be found at
http://www.dep.state.fl.us/parks/oirs. All purchases of goods and services for
DEP Agreement No. F8036, Page 2 of 10
DEP 55-231 (05/07)
accomplishment of the PROJECT shall be secured in accordance with the
GRANTEE's procurement procedures. Expenses representing the PROJECT
costs, including the required matching contribution, shall be reported to the
DEPARTMENT and summarized on certification forms provided in the
PROCEDURE, The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines for accounting for FRDAP funds disbursed for the
PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of
the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE'S eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the GRANTEE that the amount of this PROJECT
AGREEMENT may be reduced should the Governor's Office declare a revenue
shortfall and assess a mandatory reserve. Should a shortfall be declared, the
amount of this PROJECT AGREEMENT may be reduced by the amount deemed
appropriate by the DEPARTMENT.
11. The State of Florida's performance and obligation to pay under this PROJECT
AGREEMENT is contingent upon an annual appropriation by the Legislature. The
GRANTEE understands that this PROJECT AGREEMENT is not a commitment
of future appropriations.
12. All monies expended by the GRANTEE for the purpose contained herein shall
be subject to pre-audit review and approval by the State of Florida Chief
Financial Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 62D-5.055(9)
of the RULE. The DEPARTMENT and the GRANTEE fully understand and
agree that there shall be no reimbursement of PROJECT funds by the
DEPARTMENT for any expenditure made prior to the execution of this
PROJECT AGREEMENT with the exception of those expenditures which meet
the requirements of the foregoing sections of the RULE.
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
complies with the RULE, the DEPARTMENT will give written notice to
GRANTEE to cqmmence the development
DEP Agreement No. FB036, Page 3 of 10
DEP 55-231 (05/07)
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to completion of the PROJECT construction and shall certify that
it has done so to the DEPARTMENT by completing the Project Completion
Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE.
16. This PROJECT AGREEMENT shall become effective upon execution by both
parties and the GRANTEE shall complete construction of all PROJECT
ELEMENTS on or before ~, 3f), <1t)!i) (hereinafter referred to as the
PROJECT completion date), t which time all payment requests and completion
documentation will be due to the DEPARTMENT.
17. Project completion means the PROJECT is open and available for use by the
public. PROJECT must be designated complete prior to release of final
reimbursement. See Rule 620-5.054(41).
18. The GRANTEE shall maintain books, records and documents directly pertinent to
performance under this PROJECT AGREEMENT in accordance with generally
accepted accounting principles consistently applied, including the PROCEDURE.
The DEPARTMENT, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this PROJECT
AGREEMENT and for five years following PROJECT AGREEMENT completion
or resolution of any dispute arising under this PROJECT AGREEMENT. In the
event any work is subcontracted, the GRANTEE shall similarly require each
subcontractor to maintain and allow access to such records for audit purposes.
19. A.
In addition to the requirements of the preceding paragraph, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1,
Special Audit Requirements, attached hereto and made a part hereof.
Exhibit 1 to Attachment 1 summarizes the funding sources supporting
the PROJECT AGREEMENT for purposes of assisting the GRANTEE in
complying with the requirements of Attachment 1. A revised copy of
Exhibit 1 must be provided to the GRANTEE for each amendment which
authorizes a funding increase or decrease. If the GRANTEE fails to
receive a revised copy of Exhibit 1, the GRANTEE shall notify the
DEPARTMENT'S Grant Manager to request a copy of the updated
information.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F8036, Page 4 of 10
DEP 55-231 (05/07)
S. The GRANTEE is hereby advised that the Federal and/or Florida Single
Audit Act Requirements may further apply to lower tier transactions that
may be a result of this PROJECT AGREEMENT. The GRANTEE shall
consider the type of financial assistance (federal and/or state) identified in
Attachment 1, Exhibit 1 when making its determination. For federal
financial assistance, the GRANTEE shall utilize the guidance provided
under OMS Circular A-133, Subpart S, Section _.210 for determining
whether the relationship represents that of a subrecipient or vendor. For
state financial assistance, the GRANTEE shall utilize the form entitled
"Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor
Determination" (form number DFS-A2-NS) that can be found under the
"Links/Forms" section appearing at the following website:
https://apPs.fldfs.com/fsaa
The GRANTEE should confer with its chief financial officer, audit director
or contact the DEPARTMENT for assistance with questions pertaining to
the applicability of these requirements.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE'S noncompliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as being
due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the final
reimbursement due the DEPARTMENT.
21. The GRANTEE warrants and represents that it is self-funded for liability
insurance, appropriate and allowable under Florida law, and that such self-
insurance offers protection applicable to the GRANTEE'S officers, employees,
servants and agents while acting within the scope of their employment with the
GRANTEE.
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of its employees connected with the work of this
Project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall co~ply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this PROJECT AGREEMENT is
not protected under Workers' Compensation statutes, the GRANTEE shall
provide, and cause each subcontractor to provide, adequate insurance
satisfactory to the DEPARTMENT, for the protection of its employees not
otherwise protected.
DEP Agreement No. F8036, Page 5 of 10
DEP 55-231 (05/07)
23. The GRANTEE covenants that it presently has no interest and shall not acquire
any interest which would conflict in any manner or degree with the performance
of services required.
24. The purchase of non-expendable equipment is not authorized under the terms of
this PROJECT AGREEMENT.
25. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT'S Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE'S Grant Manager, identified in paragraph 26, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every January 5th, May 5th, and September 5th of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished shall
be submitted when the DEPARTMENT requests them.
26. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by certified mail to the parties at the following
addresses:
GRANTEE'S Grant Manager
DEPARTMENT'S Grant Manager
Mr. George Fisher
Grants Coordinator
18070 Collins Avenue,
4th Floor
Sunny Isles Beach, FL 33160-
2723
Mary Ann Lee
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
27. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida Recreation
Development Assistance Program.
28. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
29. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
in conjunction with this PROJECT AGREEMENT unless the records are exempt
from Section 24(a) of Article I of the State Constitution and Section 119.07,
Florida Statutes.
DEP Agreement No. F8036, Page 6 of 10
DEP 55-231 (05/07)
30. A.
The DEPARTMENT may terminate this PROJECT AGREEMENT at any
time in the event of the failure of the GRANTEE to fulfill any of its
obligations under this PROJECT AGREEMENT. Prior to termination, the
DEPARTMENT shall provide thirty (30) calendar days written notice of its
intent to terminate and shall provide the GRANTEE an opportunity to
consult with the DEPARTMENT regarding the reason(s) for termination.
B. The DEPARTMENT may terminate this PROJECT AGREEMENT after
three years if the Governor does not approve certification forward of the
PROJECT funds.
31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a
refund, either in whole orin part, of the FRDAP funds provided to the GRANTEE
for noncompliance with the material terms of this PROJECT AGREEMENT. The
GRANTEE, upon such written notification from the DEPARTMENT, shall refund,
and shall forthwith pay to the DEPARTMENT, the amount of money demanded
by the DEPARTMENT. Interest on any refund shall begin the date that the
GRANTEE was informed that a refund was required and continues to accrue until
the date the refund and interest are paid to the DEPARTMENT.
32. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes, The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
33. The GRANTEE may subcontract work under this PROJECT AGREEMENT
without the prior written consent of the DEPARTMENT'S Grant Manager. The
GRANTEE agrees to be responsible for the fulfillment of all work elements
included in any subcontract. It is understood and agreed by the GRANTEE that
the DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
liable to 'the subcontractor for all expenses and liabilities incurred under the
subcontract.
34. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 620-5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE, such
as by lease, shall be dedicated as an outdoor recreation area for the use and
benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
DEP Agreement No. F8036, Page 7 of 10
DEP 55-231 (05/07)
shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
35, Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in termination of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing under Paragraph 26 of the particular violations stating a reasonable time
to comply. Failure to comply within the time period stated in the written notice
shall result in termination of the PROJECT AGREEMENT and shall result in the
imposition of the terms in Paragraph 31.
36. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the RULE shall
control over this PROJECT AGREEMENT and this PROJECT AGREEMENT
shall control over the Project Application documents.
37. If the DEPARTMENT determines that site control is not sufficient under the
RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE a
notice in writing and a reasonable time to comply. If the deficiency is not
corrected within the time specified in the notice, the DEPARTMENT shall
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph
31.
38. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature, the
judicial branch, or a state agency.
39. A.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
en'tity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list which may be found at
http://dms.myflorida . com/d ms/purchasi no/convicted suspended
discriminatory complaints vendor lists. Questions regarding the
discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity at (850) 487-0915.
DEP Agreement No. F8036, Page 8 of 10
DEP 55-231 (05/07)
40. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this PROJECT AGREEMENT. Any action hereon or in
connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the prior written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, in the form of an Amendment duly executed by each of the parties
hereto, and atta~hed to the original of this PROJECT AGREEMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F8036, Page 9 of 10
DEP 55-231 (05/07)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written above.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF SUNNY ISLES BEACH
By: DO NOT SIGN
Division Director (or Designee)
Division of Recreation and Parks
Date
~ l ~q/i 01
Date
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
18070 Collins Avenue,
4th Floor
Sunny Isles Beach, FL 33160-2723
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
May 10, 2007 for use for one year.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number Description (include number of pages)
Attachment
1 Special Audit Requirements (5 Paqes)
DEP Agreement No. F8036, Page 10 of 10
DEP 55-231 (05/07)
ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department". "DEP". "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor". Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmenta] Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-]33 and Section 2]5.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-] 33, as revised, and/or other procedures, By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmenta] Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or ]ocal government or a non-profit organization as defined in OMB
Circular A-] 33, as revised.
]. ]n the event that the recipient expends $500,000 or more in Federa] awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,
as revised. EXHIBIT] to this Agreement indicates Federal funds awarded through the Department of
Environmenta] Protection by this Agreement. In determining the Federa] awards expended in its fiscal year, the
recipient shall consider all sources of Federa] awards, including Federal resources received from the Department of
Environmenta] Protection. The determination of amounts of Federa] awards expended should be in accordance with
the guidelines established by OMB Circular A- I 33, as revised. An audit of the recipient conducted by the Auditor
General in accordance with the provisions ofOMB Circular A-]33, as revised, will meet the requirements of this
part.
2. ]n connection with the audit requirements addressed in Part I, paragraph], the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-] 33, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. ]n the event that the recipient
expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions of OMB Circular A-] 33, as revised, the cost of the audit must be paid from non-Federal
resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal
entities ).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://]2.46.245.173/cfda/cfda.html.
DEP 55-215 (02/07)
DEP Agreement No. F8036, Attachment 1, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 2] 5.97(2)(m), F]orida Statutes,
] . ]n the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such
fiscal year in accordance with Section 2] 5.97, F]orida Statutes; applicable rules of the Department of Financia]
Services; and Chapters 10,550 (loca] governmental entities) or ] 0.650 (nonprofit and for-profit organizations),
Ru]es of the Auditor General. EXHIBIT] to this Agreement indicates state financial assistance awarded through
the Department of Environmenta] Protection by this Agreement. In determining the state financial assistance
expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state
financial assistance received from the Department of Environmenta] Protection, other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federa] program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph]; the recipient shall ensure that
the audit complies with the requirements of Section 2] 5.97(7), F]orida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10,550
(local governmental entities) or ] 0.650 (nonprofit and for-profit organizations), Ru]es of the Auditor
General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 2] 5.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions ofSection2]5,97, F]orida Statutes, the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4, For information regarding the F]orida Catalog of State Financia] Assistance (CSF A), a recipient should
access the F]orida Single Audit Act website located at httPs:!/apps,fldfs,com/fsaa for assistance. ]n
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfm. State of Florida's website at
http://www.mvflorida.com/, Department of Financia] Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www,state.flus/audgen,
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e" the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 2 I 5,97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to
audits conducted in accordance with Section 2 I 5,97, Florida Statutes. In such an event, the State awarding agency
must arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
I. Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised,
and required by PART] of this Attachment shall be submitted, when required by Section ,320 (d), OMS
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DE? 55-2] 5 (02/07)
DEP Agreement No. F8036, Attachment 1, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, F]orida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(I) and (2), OMB Circular A-] 33, as revised, should be
submitted to the Federa] Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
] 20] East] Oth Street
Jeffersonville, IN 47]32
C. Other Federa] agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-]33, as revised.
2. Pursuant to Section .320(f), OMB Circular A-] 33, as revised, the recipient shall submit a
copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and
any management letters issued by the auditor, to the Department of Environmenta] Protection at the
following address:
Audit Director
Florida Department of Environmenta] Protection
Office of the Inspector Genera], MS 40
3900 Commonwealth Boulevard
Tallahassee, F]orida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
F]orida Department of Environmenta] Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor Genera]'s Office at the following address:
State of Florida Auditor General
Room 40], Claude Pepper Building
] ]] West Madison Street
Tallahassee, Florida 32399-1450
DEP 55-215 (02/07)
DEP Agreement No. F8036, Attachment 1, Page 3 of 5
REMAINDER OF PAGE ]NTENT]ONALL Y LEFT BLANK
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient direct]v to the Department of Environmenta] Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector Genera], MS 40
3900 Commonwealth Bou]evard
Tallahassee, F]orida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmenta] Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-] 33, Florida Statutes, or Chapters] 0.550 (local governmental entities) or ] 0.650 (nonprofit and
for-profit organizations), Ru]es of the Auditor Genera], as applicable.
6, Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-]33, or Chapters 10.550 (loca] governmental entities) or
10.650 (nonprofit and for-profit organizations), Ru]es of the Auditor General, should indicate the date that the
reporting package was delivered to the recipient in correspondence accompanying the reporting package,
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financia] Officer, or Auditor Genera] access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmenta] Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmenta] Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DE? 55-215 (02/07)
DEP Agreement No. F8036, Attachment 1, Page 4 of 5
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