R96-028RESOLUTION NO. R96-,~f,~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AN DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A TRI-PARTY DEVELOPMENT PROJECT
GRANT AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND PALM BEACH COUNTY, IN PURSUANCE OF A
PROJECT APPROVED UNDER THE FLORIDA BOATING
IMPROVEMENT PROGRAM (FBIP); AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, a project request of $12,000 will be submitted on behalf of the City
of Boynton Beach by Palm Beach County, as they serve as the local sponsor for ali
State Florida Boating Improvement Grant requests in Palm Beach County; and
WHEREAS, the project is needed to repair the floating docks at the boat ramps
at Boat Club Park and this is a 100% grant with no matching funds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized to execute a Tri-
Party Development Project Grant Agreement between the City of Boynton Beach, State
of Florida, Department of Environmental Protection and Palm Beach County, for the
pursuant of a project approved under the Florida Boating Improvement Program.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ,5- day of March, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor~ro Tem
CommissionerY
ATTEST:
Cit~ Clerk
Commissioner
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
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
OF ENVIRONMENTAL PROTECTION
BOARD OF COUNTY COM~4ISSIONERS
OF PALM BEACH COUNTY
By: By:
Director or Designee Chairman or designee*
Division of Recreation and Parks
ADDRESS:
2700 6th Avenue South
Lake Worth, Florida 33451
DEP[ P~oj ec4~ -Ma-nag~r
COUNTY Attorney
Approved as to
Form and Legality:
Attorney
CITY OF.
By:
Attorny~/
*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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STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BOATING IMPROVEMENT PROGRAM
TRI-PARTY DEVELOPMENT PROJECS GRANT AGREEMENT
Contract No. B9635
This Agreement is entered into this day of
19__, between the State of Florida, Department of
Environmental Protectien, hereinafter referred to as the
DEPARTMENT, Palm Beach County, hereinafter referred to as the
COUNTY, and City of Boynton Beach, hereinafter referred uo as the
CITY, in pursuance of a project approved under the Florida
Boating Improvement Program (FBIP).
1. This AgreemenE shall be performed in accordance with
Sections 370.021(1), 327.25(12), and 327.28, Florida Statutes,
and Chapters t6A-11 and 62D-5, Part III, Florida Administrative
Code, which are hereby incorporaEed 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 ace as agen£ for the COUNTY for
cens£ruction of the project authorized by this Agreement.
3. The CITY agrees to construct the project known as
Boynton Beach Boat Club Improvements (FBIP ProjecE No. B96035),
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in accordance with the plans and specification prepared by, or
under the supervision and review of, a registered professional
architect, engineer or other appropriate professional. These
elemenus are identified in the project application which is made
a pare of this Agreemen~ by reference: repair of boat ramps
4. This Agreement shall become effective upon execution by
the DEPARTMENT. The CITY agrees to complete the project on or
before one year from the effective date.
5. The DEPARTMENT agrees to obligate and make available to
the COUNTY the approved project amount of SI2,000.00 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
S-0- for the following expenditures: N/A
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
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reflect work accomplished.
7. The DEPARTMENT'S performance and obligation ~o pay
under this Agreement is conEingenE upon an annual appropriation
by the Legislature.
8. Each parEy hereto agrees that it shall be solely
responsible for the wrongful acts of it's employees, conEractors,
and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity and the
limiuations set forth in Section 768.28, Florida Statutes.
9. Upon projecE 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 Transportation's specifications for road and bridge
construction. Bid specifications, contracts and/or purchase
orders must specify thickness of asphalt and square yards to be
paved.
1!. Eligible and ineligible program costs are established in
Chapters 16A-11 and 62D-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-tl, Florida Administrative Code, said requests being in
detail sufficient for a proper pre-audit and post-audit thereof.
The Project Manager shall, within sixSy (60) days after receipt
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of a payment requesE, review the work accomplished Eo date on the
projecE and, if in order, approve the request for payment. The
DEPARTMENT shall retain 10% of the grant amounE untii completion
of the project and all final project documentation has been
submitted by the COUNTY and approved by the DEPARTMENT.
12. The CITY is responsible for ob~a±ning all s~ate and
federal permits, licenses, agreements, leases, easemenus, eec.,
required for the project.
13. The COUNTY and CITY shall retain all records supporting
projecE cosms for three (3) years after the fiscal year zn 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 projec~ at any reasonable time. This Agreemen~
can be unilaterally cancelled by the DEPARTMENT should the COUNTY
or CITY refuse to allow public access tc 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
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and CITY further agree to return to the DEPARTMENT funds uendered
for the project in the evenE 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
construct!on.
17. The DEPARTMENT shall have the right to terminate this
ProjecE agreement and demand refund of Program funds for ncn-
compliance with the terms and conditions of the Program.. Failure
to comply with these terms and conditions shall result Un 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
parEicipation 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 thaE is awarded funds from a grants
and aids appropriation by a state agency shall:
(a) If the amounts received exceed SI00,000, have an audit
performed in accordance with the rules of the Auditor General
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promulgated pursuanE uo 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 accounEanu which aEtes~s 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
perjury, that the enEity or organization has complied with the
provisions of the grant.
21. If it becomes necessary for the DEPARTMENT to demand a
refund 6f 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 ~o 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
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