HomeMy WebLinkAboutIII (D) Acceptance and Authorization for Mayor and City Clerk to Execute Tri-Party Developement Project Grant agreement for Starke Lake Boat Ramp Repair •• • =e AGENDA 5-16-95
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*or 000e JAMES W.SHIItA,P.E.
CITY ENGINEER/UTILITIES DIRECTOR
150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761
PHONE(407)656-2322 EXT.142•FAX(407)656-7835
MEMORANDUM
DATE: May 9, 1995
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P.E.
City Engineer/Utilitie Director
SUBJECT: Florida Boater Improvement Fund - Starke Lake Boat Ramp Repair
Attached for your review and approval is a Tri-Party Development Project Grant Agreement
between the Florida Department of Environmental Protection, Orange County and the City of
Ocoee for funding the repair and rehabilitation of the boat ramp and docks on Starke Lake.
Construction plans for this project have been completed by PEC and the project is ready to be
advertised for bids, but has been held pending approval of this agreement by all three parties.
Upon approval by the City of Ocoee, the agreement will be returned to Orange County for
County Commission approval, then will be returned to the Florida Department of Environmental
Protection for approval. Upon approval by all three agencies, we will be notified that we can
commence the project, at which time we will solicit bids for the work involved. We will have two
years from the date of final approval of the agreement within which to complete the work.
I recommend that the City Commission authorize the Mayor and City Clerk to execute this Tri-
Party Development Project Grant Agreement.
THE PRIDE OF WEST ORANGE :641
Orange
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r, `'` 'x`; , Parks and Recreation Department
.:. :.:...:..:....:..2--;' Lounty 118 West Kaley Street
"`"`; x;k'z" :=?'' Orlando, Florida 32806-3987
:'141 -4,'W. : Telephone (407) 836-4290
FAX (407) 836-4289
May 1, 1995
Mr. Jim Shira, City Engineer
City of Ocoee
150 N. Lakeshore drive
Ocoee, Florida 34761-2258
Re: Starke Lake FBIP Agreement
Dear Mr. Shira,
Attached are three copies of the FBIP agreement for Starke
Lake Boat Ramp. Please have each signed by the appropriate
city officials. Please return them to us for further
processing.
When signing the agreements, do not complete the blank space
for the date on the first page. FDEP will date the agreement
when completely executed, an original copy will be returned
to you.
If I can answer any questions you may have please call me at
836-7728.
Sincerely,
L)4V-h/-
14----
Galen J. P gh, La scape Architect
Park Planning & Design
Orange County Parks & Recreation Dept.
GJP/gjp
cc: Lynn Sordel, Manger, Parks & Recreation Department
Christ Flood, Asst. Manager Parks & Recreation
Randy Ferris, West District Superintendent, Parks &
Recreation
John Connell, Supervisor, Park Planning & Design,
Parks & Recreation
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STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BOATING IMPROVEMENT PROGRAM
TRI-PARTY DEVELOPMENT PROJECT GRANT AGREEMENT
Contract No. B9525
This Agreement is entered into this day of
19 , between the State of Florida, Department of
Environmental Protection, hereinafter referred to as the
DEPARTMENT, Orange County, hereinafter referred to as the COUNTY,
and City of Ocoee, hereinafter referred to as the CITY, in
pursuance of a project approved under the Florida Boating
Improvement Program (FBIP) .
1 . This Agreement shall be performed in accordance with
Sections 370 . 021 (1) , 327 .25 (12) , and 327 .28, Florida Statutes,
and Chapters 16A-11 and 16D-5, Part III, Florida Administrative
Code, which are hereby incorporated by reference as if fully set
forth herein.
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 .
3 . The CITY agrees to construct the project known as Starke
Lake Boat Ramp (FBIP Project No. B95025) , in accordance with the
plans and specification prepared by, or under the supervision and
review of, a registered professional architect, engineer or
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other appropriate professional . These elements are identified in
the project application which is made a part of this Agreement by
reference: reconstuct boat ramps and repair dock.
4 . This Agreement shall become effective upon execution by
the DEPARTMENT. The CITY agrees to complete the project on or
before two years from the effective date.
5 . The DEPARTMENT agrees to obligate and make available to
the COUNTY the approved project amount of $ 150, 000 . 00 for the
project authorized by this Agreement . The DEPARTMENT will
release the funds on a reimbursement basis . 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 expenditures : None
6 . Rita Pate, Community Assistance Consultant or her
successor, designated as the DEPARTMENT' S Project Manager for the
purpose of this Agreement, is responsible for ensuring
performance of its terms and conditions and shall approve all
payment requests prior to payment . The COUNTY shall submit to
the DEPARTMENT signed quarterly project status reports on a
calendar basis summarizing work accomplished, problems
encountered, percentage of completion, and other appropriate
information. Photographs shall be submitted when appropriate to
reflect work accomplished.
• 7 . The DEPARTMENT' S performance and obligation to pay
under this Agreement is contingent upon an annual appropriation
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by the Legislature.
8 . Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees, contractors,
and agents . However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity and the
limitations set forth in Section 768 .28, Florida Statutes .
9 . Upon project completion, the engineer, architect or
other appropriate professional shall sign a statement certifying
satisfactory completion of the project in accordance with the
prepared plans and specifications .
10 . Asphalt paving shall conform with the Florida Department
of Transportations specifications for road and bridge
construction. Bid specifications, contracts and/or purchase
orders must specify thickness of asphalt and square yards to be
paved.
11 . Eligible and ineligible program costs are established in
Chapters 16A-11 and 16D-5, Part III, Florida Administrative
Codes . The COUNTY shall submit payment requests and expenditure
documentation to the DEPARTMENT in accordance with the
DEPARTMENT' s Grant and Contract Accountability Policy, Chapter
16A-11, Florida Administrative Code, said requests being in
detail sufficient for a proper pre-audit and post-audit thereof .
The Project Manager shall, within sixty (60) 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 the grant amount until completion
of the project and all final project documentation has been
submitted by the COUNTY and approved by the DEPARTMENT.
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12 . The CITY is responsible for obtaining all state and
federal permits, licenses, agreements, leases, easements, etc . ,
required for the project .
13 . The COUNTY and CITY shall retain all records supporting
project costs for three (3) years after the fiscal year in which
the final program payment was released by the DEPARTMENT or until
final resolution of matters resulting from any litigation, claim,
or audit that started prior to the expiration of the three-year
record retention period.
14 . 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 .
15 . The COUNTY and CITY agree that the project, when
completed, shall be dedicated for public recreational uses . The
dedication shall extend for a minimum of twenty-five (25) years
and shall be recorded in the public property records . The COUNTY
and CITY further agree to return to the DEPARTMENT funds tendered
for the project in the event the project becomes utilized for
other than the purposes of the project during this period.
16 . The CITY shall erect a permanent sign identifying the
program and the DEPARTMENT as a funding source of project
construction.
17 . The DEPARTMENT shall have the right to terminate this
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Project agreement and demand refund of Program funds for non-
compliance with the terms and conditions of the Program. Failure
to comply with these terms and conditions shall result in the
DEPARTMENT declaring the COUNTY ineligible for further
participation in the Program until such time as the COUNTY and
CITY comply therewith.
18 . No person, on the grounds of race, creed, color,
national origin, age, sex, 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
Agreement .
19 . This Agreement strictly prohibits the expenditure of
funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency.
20 . Any local governmental entity, nonprofit organization,
or for-profit organization that is awarded funds from a grants
and aids appropriation by a state agency shall :
(a) If the amounts received exceed $100, 000, have an audit
performed in accordance with the rules of the Auditor General
promulgated pursuant to s . 11 .45 ;
(b) If the amounts received exceed $25, 000 but do not
exceed $100, 000, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to
s . 11 .45 or have a statement prepared by an independent certified
public accountant which attests that the receiving entity or
organization has complied with the provisions of the grant; or
(c) If the amounts received do not exceed $25, 000, have the
head of the entity or organization attest, under penalties of
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perjury, that the entity or organization has complied with the
provisions of the grant .
21 . 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 agree to return said funds to the DEPARTMENT
within sixty (60) days after notification by the DEPARTMENT. If
not returned within sixty days, the COUNTY and CITY understand
and agree that any further COUNTY requests for funding as to this
or any other program under the DEPARTMENT' S administration shall
be denied until the funds have been returned.
22 . Following receipt of an audit report identifying any
reimbursement due_the 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.
23 . This Agreement represents the entire agreement of the
parties . Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid
when they have been reduced to writing duly signed by each of
the parties hereto, and attached to the original of this
Agreement .
24 . The DEPARTMENT, COUNTY and CITY mutually agree to the
following special terms and conditions incorporated as part of
this Agreement : None
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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 BOARD OF COUNTY COMMISSIONERS
OF ENVIRONMENTAL PROTECTION OF Orange COUNTY
By: By:
Director or Designee Chairman or designee*
Division of Recreation and Parks
ADDRESS :
4200 S . John Young Parkway
Orlando, Florida 32899
COUNTY Attorney
DEP Project Manager
CITY OF Ocoee
By:
Title:
Approved as to
Form and Legality:
,100 .
DEP A ey 4MM City Attorney
*If someone other than the Chairman signs the contract, a
resolution, statement or other document authorizing that person
to sign the contract on behalf of the county must accompany the
contract .
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