HomeMy WebLinkAboutVII(K) Authorization For Mayor To Sign Th Florida Recreation Development Assistance Program Grant For South Park Agenda 9-05-2000
Item VII K
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
Ocoee _ S.SCOTT VANDERGRIFT
67/.ry- rfp. CITY OF OCOEE COMMISSIONERS
-'L1Q. DANNY HOWELL
'r 150 N.LAKESHORE DRIVE SCOTT ANDERSON
OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
(407)905-3100 NANCY J.PARKER
�yl4#4,Of GOP 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: South Park, FRDAP Project No. F01342
Issue
Should the City Commission authorize the Mayor to execute the attached Florida Recreation
Development Assistance Program (FRDAP) grant agreement for South Park?
Background
In September 1999, the City of Ocoee submitted a grant application through the FRDAP
program to assist with the purchase of the land known as South Park. The park land will
include approximately 10 acres. The requested funds totaled $150,000 for the land acquisition.
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
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Marjory Stoneman Douglas Building
Jeb Bush 3900 Commonwealth Boulevard David B.Struhs
Governor Tallahassee, Florida 32399-3000 Secretary
July 19, 2000
Mr. Ellis Shapiro
City Manager
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Re: South Park
FRDAP Project No. F01342
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.
Sincer ,
cinda Coverston
Community Assistance Consultant .
Bureau of Design and Recreation Services
Division of Recreation and Parks
Mail Station #585
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Enclosure
"More Protection, Less Process"
Printed on recycled paper.
F1342
(DEP Contract Number)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Acquisition
This Project Grant 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, and 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 under authority of 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 .
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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 South
Park (Florida Recreation Development Assistance Program, FRDAP
Project Number F01342) , hereinafter called the PROJECT, and
enters into this Agreement with the GRANTEE for the acquisition
of that real property, the legal description of which shall be
submitted to the DEPARTMENT as described in the Florida
Recreation Development Assistance Program Acquisition Project
Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-
A034 .
4 . Prior to commencement of PROJECT land acquisition,
the GRANTEE shall submit the documentation required by the
Florida Recreation Development Assistance Program Acquisition
Project Pre-reimbursement/Commencement Documentation Form, DEP
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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 acquisition.
5 . This Agreement shall become effective upon
execution and the GRANTEE shall complete acquisition of the
PROJECT site by . The completion date may be
extended by the DEPARTMENT for good cause at the written request
of the GRANTEE. Such request must be made sixty days prior to the
PROJECT completion date .
6 . The DEPARTMENT shall pay, to the GRANTEE, on a
reimbursement basis, funds not to exceed $150, 000 , which is 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
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
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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 .
7 . Within three (3) years from the completion date set
forth in the PROJECT completion certificate, unless extended by
DEPARTMENT staff for good cause at the written request of the
GRANTEE, the GRANTEE will construct, or cause to be constructed,
certain public outdoor recreation facilities and improvements in
accordance with the following development elements : Playground,
Soccer Fields, Baseball Fields, and Other Related Support
Facilities .
8 . Upon completion of development, the GRANTEE shall
provide to the DEPARTMENT an as-built plan for the PROJECT site.
along with a list identifying the number and types of recreation
and support facilities constructed and improvements made . In the
event the GRANTEE fails to complete development of subject
property in the manner described in this Agreement on or before
the date specified herein, the GRANTEE, upon notification from
the DEPARTMENT, agrees to refund and will forthwith pay, the
amount of money demanded, which payment shall be made directly to
the DEPARTMENT.
9 . The GRANTEE agrees to comply with the Division of
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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
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 in 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.
10 . 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 GRANTEE records for
said PROJECT within the three year retention period.
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11 . 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 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 .
12 . The DEPARTMENT ' S Contract Manager 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
acquisition negotiations to date, percentage of completed
development as described in Paragraph 7 herein and other
appropriate information. Photographs shall be submitted once a
year to reflect the progress of the development .
13 . All monies expended by the GRANTEE for the purpose
contained herein shall be subject to pre-audit review and
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approval by the Comptroller of Florida in accordance with Section
17 . 03 , Florida Statutes .
14 . 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 .
15 . 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 .
16 . The DEPARTMENT has the right to inspect the PROJECT
and any and all records related thereto at any reasonable time .
17 . 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 .
18 . Following receipt of an audit report identifying
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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.
19 . The DEPARTMENT shall have the right to demand a
refund, either in whole or part, of the FRDAP funds provided to
the GRANTEE for non-compliance with the material terms of this
Agreement . The GRANTEE, upon notification from the DEPARTMENT,
agrees to refund, and will 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.
20 . The State of Florida' s performance and obligation
to pay under this Agreement is contingent upon an annual
appropriation by the Florida Legislature.
21 . If asphalt paving is required for the PROJECT it
shall conform to the Florida Department of Transportation' s
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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.
22 . 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.
23 . 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 and
shall be managed in a safe and attractive manner appropriate for
public use .
Page 9 of 15
24 . Should GRANTEE convert all or part of the PROJECT
site to a use or uses other than DEPARTMENT approved public
recreation use, the GRANTEE shall replace the area, facilities,
resource and site at its own expense with a PROJECT of comparable
scope and quality acceptable to the DEPARTMENT. In lieu of
accepting a replacement facility, resource or site, the
DEPARTMENT may require return of all FRDAP funds with applicable
interest .
25 . 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 .
26 . The employment of unauthorized aliens by any
GRANTEE is considered a violation of Section 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 .
27 . This Agreement strictly prohibits the expenditure
of Florida Recreation Development Assistance Program funds for
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the purpose of lobbying the Florida Legislature, the judicial
branch, or a state agency.
28 . 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 Section 11 .45, Florida Statutes; or
(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 Section
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 .
29 . Pursuant to Section 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 . The DEPARTMENT must submit a request for
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payment to the Florida Department of Banking and Finance within
twenty (20) days; and the Department of Banking and Finance is
given fifteen (15) days to issue a warrant . Days are calculated
from the latter date the invoice is received or services
received, inspected, and approved. Invoice payment requirements
do not start until a proper 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 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 .
30 . In accordance with Section 215 . 422 , Florida
Statutes, the DEPARTMENT shall pay the GRANTEE, interest at a
rate as established by Section 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 Section 55 . 03 (1) , Florida Statutes, by Comptroller' s Memorandum
No. 3 (1997-98) dated December 3 , 1999, has been set at 10 . 0% per
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annum or . 02740% per day. The revised interest rate for each
calendar year beyond 2000 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 .
31 . 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 Section 287 . 017,
Florida Statutes, for Category Two, for a period of 36 months
from the date of being placed on the convicted vendor list .
32 . 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 .
33 . 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.
34 . It is understood by the parties that the amount of
this Agreement may be reduced should the Governor' s Budget Office
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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 .
35 . 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 14 of 15
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
By: By:
Division Director or Designee
Division of Recreation and Parks
Title :
Address : Address :
Bureau of Design and Recreation Services 150 N. Lakeshore Drive
Division of Recreation and Parks Ocoee, Florida 34761
3900 Commonwealth Boulevard
Mail Station 585
Talla ssee, Florida 99-3000
EP 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.
DEP 42-058
Revised 02-17-0000
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