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HomeMy WebLinkAboutVII(J) Auhorization For Mayor To Sign The Florida Recreation Development Assistance Program Grant For Beech Multi-Purpose Facility !. . Agenda 9-05-2000 Item VII J "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" --MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT COMMISSIONERS CITY OF OCOEE DANNYHOWELL _ Imo. R` a. 150 N.LAKESHOREDRIVE 34761-2258 /� D SCOTT ANDERSON OCOEE,FLORIDA RUSTY JOHNSON �'y>,��':_: �� (407)905-3100 NANCY J.PARKER 44•41 OfG 00V CITY MANAGER ELLIS SHAPIRO Staff Report Date: August 23, 2000 To: The Honorable Mayor and City Commissioners From: Janet G. Shira, Community Relations/Projects Directo6 Subject: Beech Multi-Purpose Facility, FRDAP Project No. F01343 Issue Should the City Commission authorize the Mayor to execute the attached Florida Recreation Development Assistance Program (FRDAP) grant agreement for the Beech Multi-Purpose Facility? Background In September 1999, the City of Ocoee submitted a grant application through the FRDAP program to assist with the funding of a swimming pool, playground, lighted picnic facilities, restrooms, fencing, landscaping, and other support facilities for the Beech Multi-Purpose Facility. The requested funds totaled $150,000 for these facilities. Discussion In June of this year, the City was officially notified of the state legislature's approval of the grant. This grant requires matching funds from the City in the amount of $150,000. There are also other requirements spelled out in the agreement regarding accounting and auditing procedures, signing the park to credit the state for its share of the funding, and ensuring public use of the facility. Staff and the City Attorney have reviewed the agreement to ensure our compliance with these provisions. Recommendation It is respectfully recommended that the City Commission authorize the Mayor to execute the agreement so that staff can forward the necessary paperwork back to the state and acquire the funds. cc: Ellis Shapiro, City Manager Paul Rosenthal, City Attorney Wanda Horton, Finance Director Bruce Nordquist, Recreation Director Bob Smith, Public Works Director Pow m Protect Ocoee's Water Resources `:1 o,� ' - --�::7.: Department of '' , 1"-'1f4Environmental Protection _ — — — Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard David B.Struhs Governor Tallahassee, Florida 32399-3000 Secretary • July 24, 2000 Mr. Ellis Shapiro City Manager City of Ocoee 150 North Lakeshore Drive Ocoee,Florida 34761 Re: Beech Multi-Purpose Facility FRDAP Project No.F01343 Dear Mr. Shapiro: Thank you for your letter accepting the Florida Recreation Development Assistance Program(FRDAP) grant. The grant agreement has been prepared in accordance with your acceptance letter. It is important that you review the agreement to ensure that information specific to your project is accurate. Please execute and return both original copies of the agreement. In signing the agreement, do not complete the blank space for the date. Our staff will date the agreement when formally executed by• the Department and one original copy will be returned to you. Thank you for your attention to this matter. If you have any questions,please contact us at(850)488- 7896 or Suncom 278-7896. Sincerely, . i--064.0z) Linda Reeves OMC Manager Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station 4585 LR/bg Enclosure "More Protection, Less Process" Printed on recycled paper. wl 7_,�/ Up j 0/11.2e F1343 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this day of , 200 , by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, City of Ocoee, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project . In consideration of the mutual covenants contained herein and pursuant to ss . 375 . 021 and 375 . 075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows : 1 . This Agreement shall be performed in accordance with ss . 375 . 021 and 375 . 075, Florida Statutes, and Chapter 62D-5 , Part V, Florida Administrative Code, hereinafter called the RULE . The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this Agreement by reference, 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 have application to this Agreement . Page 1 of 14 2 . Failure to comply with the provisions of the RULE or the terms and conditions of this Agreement will result in cancellation of the Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Agreement a notice in writing 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 cancellation of the Agreement and may result in the imposition of the terms in Paragraph 19 . 3 . The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Beech Multi-Purpose Facility (Florida Recreation Development Assistance Program, FRDAP Project Number F01343) , hereinafter called the PROJECT, and enters into this 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 . 4 . If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the deficiency period or within the time specified in the letter, whichever is later, the DEPARTMENT shall cancel this AGREEMENT. Page 2 of 14 5 . The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause : Swimming Pool, Playground, Lighted Picnic Facilities, Restrooms, Security Lighting, Fencing, Landscaping and Other Related Support Facilities . 6 . Prior to commencement of PROJECT land 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-D. 058 (6) (f) of the RULE, to the DEPARTMENT upon determining that the documentation complies with the RULE, the DEPARTMENT will give notice to GRANTEE to commence the development . 7 . The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $150, 000 , which will pay the DEPARTMENT ' S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $150 , 000 50% GRANTEE Match $150 , 000 50% Type of Match Cash and/or In-Kind Services The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit Page 3 of 14 and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT' S Contract 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-A037 , referenced in s . 62D- 5 . 058 (6) 2 (g) , the DEPARTMENT will approve the request for payment . 8 . Prior to commencement of PROJECT construction, the GRANTEE shall submit for DEPARTMENT approval the documentation described in the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, Form FPS-A034, referenced in s . 62D-5 . 058 (7) (c) of the RULE, the DEPARTMENT will approve the request for payment . 9 . The Grantee shall obtain all required local , state and federal environmental construction permits and approvals prior to commencement of project construction and shall certify to the Department by completing the Permitting Certification, FPS-A034, referenced in s . 62D-5 . 058 (7) (c) of the RULE. 10 . The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT Page 4 of 14 • shall be secured in accordance with the GRANTEE ' S adopted 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 accounting for FRDAP funds disbursed under 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. il . The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT 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 retention period. The DEPARTMENT, State Auditor General , State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE ' S records for said PROJECT within the three year retention period. 12 . PROJECT funds may be reimbursed for eligible preagreement expenses (as defined in s . 62D-5 . 054 (29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in 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 Page 5 of 14 funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 13 . This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before . The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. 14 . The DEPARTMENT' S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment . The GRANTEE ' S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement . The GRANTEE ' S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 15 . All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by Page 6 of 14 the Comptroller of Florida in accordance with s . 17 . 03 , Florida Statutes . 16 . 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 s . 768 .28, Florida Statutes . 17 . The GRANTEE shall comply with all federal, state and local rules and regulations in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations . The GRANTEE further agrees to ensure that the GRANTEE' S contract will include the requirements of this paragraph in all subcontracts made to perform this Agreement . 18 . The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 19 . This Agreement may be _unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes . 20 . Following receipt of an audit report identifying Page 7 of 14 any reimbursement due the DEPARTMENT for the GRANTEE' S non-compliance with this 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 the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 21 . The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this 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. Such refund shall include interest calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve on the date the DEPARTMENT calculates the amount of refund due. Interest shall be calculated from the date (s) of payment (s) to the GRANTEE by the DEPARTMENT to the date repayment is made by GRANTEE. 22 . The State of Florida' s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 23 . Allowable indirect costs shall not exceed 15% of the GRANTEE ' S eligible wages and salaries . Indirect costs that exceed 15% Page 8 of 14 must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses . 24 . If asphalt paving is required for the PROJECT it shall conform to the Florida Department of Transportation' s specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the GRANTEE must specify thickness of asphalt and square yards to be paved. 25 . Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 26 . 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 Administrative Rule 62D-5 . 059 (2) . The dedication must be recorded in the public property records by the GRANTEE. 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 general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. The dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times Page 9 of 14 and shall be managed in a safe and attractive manner appropriate for public use. 27 . The employment of unauthorized aliens by any GRANTEE is considered a violation of s . 274A(e) of the Immigration and Nationality Act . If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement . The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Agreement . 28 . No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement . 29 . This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 30 . 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, Florida Statutes; or Page 10 of 14 (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, Florida Statutes, 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 this Agreement; or (c) If the amounts received do not exceed $25, 000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement . 31 . Pursuant to s . 215 .422 , Florida Statutes, the DEPARTMENT' S Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the payment requests for payment . The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant . Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment . A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who Page 11 of 14 may be contacted if a contractor is experiencing problems in obtaining timely payment (s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848.-3792 . 32 . In accordance with s . 215 .422 , Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s . 55 . 03 (1) , Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services . Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment . The interest rate established pursuant to s . 55 . 03 (1) , Florida Statutes, by Comptroller' s Memorandum No. 11 (1998-99) dated December 2 , 1999, has been set at 10 . 0% per annum or . 02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT' s Contracts Section at 850/922-5942 . 33 . A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may 'not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s . 287 . 017, Florida Statutes, or Category Page 12 of 14 Two, for a period of 36 months from the date of being placed on the convicted vendor list . 34 . In addition, a copy of the audit or attestation as required in paragraph 27, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 35 . This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 36 . It is understood by the parties that the amount of this Agreement may be reduced should the Governor' s Budget Office declare a revenue shortfall and assess a mandatory reserve . Should a shortfall be declared, the amount of this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve . 37 . 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 executed by each of the parties hereto, and attached to the original of this Agreement . Page 13 of 14 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 CITY OF OCOEE OF ENVIRONMENTAL PROTECTION .t, By: By: Division Director (or Designee) Division of Recreation and Parks Title : Address : Address: Bureau of Design and Recreation Services 150 North Lakeshore Drive Division of Recreation and Parks Ocoee, FL 34761 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 k1Z- E Contract Manager Approved as to Form and Legality: This form has been pre-approved as to Grantee Attorney form and legality by Suzanne Brantley, Assistant General Counsel, on April 20 , 2000, for use for one year. FPS-A046 Revised 05/99 Page 14 of 14