R23-050 1 RESOLUTIONNO. R23-050
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN
5 AMENDMENT NO. 1 TO GRANT AGREEMENT NO. T2110 BETWEEN THE
6 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
7 AND THE CITY OF BOYNTON BEACH FOR THE BOYNTON BEACH ECO
8 PARK PROJECT;AND PROVIDING AN EFFECTIVE DATE.
9
10
11 WHEREAS, the City of Boynton Beach signed an agreement with FDEP on September
12 22, 2022 for Eco Park to construct new accessible trails and amenities for the community; and
13 WHEREAS, to keep Eco park a passive, trail-based natural area with minimum
14 disturbance and to reflect the community's vision for the park, the City added fencing to the
15 site plan in order to prevent motorized vehicles from accessing the trails and made some Eco-
16 friendly changes to the site amenities; and
17 WHEREAS, the change in the project elements were approved by FDEP and an
18 amendment was drafted to revise the grant work plan and extend the agreement period; and
19 WHEREAS, upon recommendation of staff, the City Commission finds it in the best
20 interest of the citizens and residents of the City of Boynton Beach to approve and authorize
21 the City Manager to sign Amendment No. 1 to Grant Agreement No. T2110 between the
22 Florida Department of Environmental Protection (FDEP)and the City of Boynton Beach for the
23 Boynton Beach Eco Park project.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
S:ICAIRESOWgreements\Grants%FDEP Grant Agreement(ECO Park)Amendment No I-Reso Docx
28 hereof.
29 Section 2. The City Commission approves and authorizes the City Manager to sign
30 Amendment No. 1 to Grant Agreement No. T2110 between the Florida Department of
31 Environmental Protection (FDEP) and the City of Boynton Beach for the Boynton Beach Eco
32 Park project, a copy of which is attached hereto and incorporated herein as Exhibit "A".
33 Section 3. This Resolution shall become effective immediately upon passage.
34 PASSED AND ADOPTED this 18th day of April, 2023.
35 CITY OF BOYNTON BEACH, FLORIDA
36
37 YES NO
38
39 Mayor—Ty Penserga
40
41 Vice Mayor—Thomas Turkin
42 /
43 Commissioner—Angela Cruz �/
44V
45 Commissioner—Woodrow L. Hay
46
/
47 Commissioner—Aimee Kelley
48
49 VOTE S-0
50
51 A r T:
52 �S 53 ,lt_!el --- •°;,-.,
54 Mayle- esus, MPA, MC Ty Pens; ga
55 56 City Clea gOYN�o�\`, May
AMENDMENT NO. 1
TO AGREEMENT NO.T2110
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
CITY OF BOYNTON BEACH
This Amendment to Agreement No. T2110(Agreement) is made by and between the Department of
Environmental Protection(Department),an agency of the State of Florida,and City of Boynton Beach, 100 East Ocean
Avenue, Boynton Beach, FL 33435 (Grantee), on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for site preparation and construction
of an 8' x 6,311 L.F. (+/-10%)multi-use, hard-surface trail, an 8' x 250 L.F. (+/-10%) crushed rock nature trail,
an ADA 10' to 13' x 875 S.F. (+1-10%) hard-surface sidewalk with connection to existing parking lot, restroom
facility, one (1) 24' x 30' covered pavilion, and four(4) 16' x 16' covered pavilions with the purchase and
installation of educational signage,effective October 24,2022; and,
WHEREAS, the parties wish to amend the Agreement as set forth herein to extend the grant period to October 23,
2025.
NOW THEREFORE, the parties agree as follows:
1) The Agreement is extended for a one-calendar year period to begin October 24, 2024 and remain in effect until
October 23,2025. The Department and the Grantee shall continue to perform their respective duties during this
extension period pursuant to the same terms and conditions provided in the Agreement.
2) Attachment 3,Grant Work Plan,is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant
Work Plan, as attached to this Amendment. All references in the Agreement to Attachment 3 shall hereinafter refer to
Attachment 3-A, Revised Grant Work Plan.
3) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may
appear between the Agreement and this Amendment, the provisions of this Amendment shall control.
The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives
to sign it on the dates indicated below.
City of Boynton Beach Florida Department of
Environmental Protection
By: Mill111111v.
Title: a. r �� Secretary or Designee
Date: Y�� l� ar0a3 Date:
LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT:
Specify Type Letter/Number Description
Attachment 3-A Revised Grant Work Plan(3 pages)
Agreement No.:T2110 Amendment No.: 1
1 of 1
Rev. 10/8/18
ATTACHMENT 3-A
REVISED GRANT WORK PLAN
RECREATIONAL TRAILS PROGRAM(RTP)
Project Name: Boynton Beach ECO Park
Grantee Name: City of Boynton Beach
RTP Project#T21010
SUMMARY: The Grantee will complete the Project Element(s),which were approved by the Department through the RTP Application Evaluation Criteria,pursuant to Chapter
62S-2,Florida Administrative Code(F.A.C.)and the FHWA Recreational Trails Program Interim Guidance Manual. Any alteration(s)to the Project Element(s)defined in the Grant
Work Plan resulting in a change in the total point score of Grantee's Application as it appears on the RTP Advisory Committee's Priority List for FY2019-20 is considered a significant
change,must be pre-approved by the Department,and requires a formal Amendment to this Agreement. All work must be completed in accordance with laws,rules,and guidance
including,but not limited to: local, state and federal laws,the approved Project plans,all required permits, the Florida Building Code and, as applicable,the Manual of Uniform
Minimum Standards for Design,Construction and Maintenance for Streets and Highways("Florida Greenbook").Prior to the Department issuing a Notice to Proceed to the Grantee,
as specified in Attachment 6,Program Specific Requirements,the Department must receive evidence of and have approved all Deliverables in Task 1.
The Department will designate the Project complete upon receipt and approval of all Deliverables and when Project site is open and available for use by the public for outdoor
recreation purposes. The Department will retain ten percent (10%) of the Grant Award until the Grantee completes the Project and the Department approves the Completion
Documentation set forth in paragraph 62S-2.075(7)(e),F.A.C. The final payment of the retained ten percent(10%)will be processed within thirty (30)days of the Project being
designated complete by the Department.
For the purpose of this Agreement,the terms"Project Element"and"Project Task"are used interchangeably to mean an identified facility within the Project.
The project is located at 13 Quantum Blvd,Boynton Beach,FL 33426 and is a nonmotorized,diverse-use trail.
BUDGET: Reimbursement for allowable costs for the Project may not exceed the maximum grant award amount outlined below. Required match will be provided by cash or in-
kind services as set forth in subsection 62S-2.071(4), F.A.C. Grantee shall maintain an accounting system that meets generally accepted accounting principles and will maintain
financial records to properly account for all Program and matching funds. The total estimated Project cost provided below is based on the approved RTP Application. A detailed
Project cost analysis will be provided in the Deliverables for Task 1,prior to the Department issuing the Notice to Proceed. All final Project costs shall be submitted to the Department
with the payment request.
Maximum Grant Award Amount: $364,250
Required Grantee Match Amount: $364,250
Total Estimated Project Cost: $728,500
Match Ratio: 50:50
Scope of Work/Tasks within Deliverable Deliverables Due Date Financial Consequences
TASK 1 DELIVERABLE 1
1.A. Approval of required NEPA documentation 1.A. Submission through SWEPT and approval of required Deliverable 1.A. The Department will terminate the
by FDOT. NEPA documentation by FDOT. 90 days after Project Agreement if the required
DEP Agreement No.:T2110 Attachment 3-A,Page 1 of 3
RIP FY20.21
1.B. Development of Commencement 1.B. All applicable Project specific Commencement Execution of Deliverables are not submitted and
Documentation Checklist(OGT-11)'. documentation, listed on Commencement Documentation Amendment 12 approved by the Department.
Checklist(OGT-11). Deliverables
1.C. A Cost Analysis Form,with detailed budget 1.C. Cost Analysis Form with detailed budget (and/or In- 1.B.and 1.C.
(and In-House Cost Schedule(s),if applicable). House Cost Schedule(s),if applicable). 60 days after
Execution of
The Department will issue Notice to Proceed upon receipt and Agreement2
approval of deliverables I.A., I.B.and 1.C.
Project planning expenses, such as application preparation,
surveys (boundary and topographic), title searches, project
signs, architectural and engineering fees, permitting fees,
project inspection fees,and other similar fees are eligible for
reimbursement. However,reimbursement, if requested, shall
not to exceed fifteen percent(15%)of total Project cost,and
shall be invoiced upon Project completion,in accordance with
the Payment Request Schedule below.
The Grantee may not proceed with construction of the
Project until Notice to Proceed has been issued.
TASK 2 DELIVERABLE 2
2.A. Development of Project Elements,including: The Grantee may request reimbursement upon Department No reimbursement will be made for
receipt and approval of: Due 60 calendar Deliverable(s) deemed unsatisfactory by
Design,engineering,surveying,permitting,site days prior to the the Department. Payment(s)will not be
preparation and construction of 10'x 3,500 L.F. 2.A. Development of required Project Elements. expiration of this made for unsatisfactory or incomplete
(+/-10%)hard-surface trail,5'x 5130 L.F.(+/- Agreement which work. In addition, a Task may be
10%)natural surface trail,and two(2)20'x 30' 2.B. All applicable Project specific Completion shall also be the terminated for Grantee's failure to
covered pavilions,with the purchase and documentation listed on Project Completion Documentation
Project perform.
installation of safety lighting,perimeter fencing, Checklist(OGT-13). Completion Date 3
access gates,landscaping,educational signage, 08/24/2025
trash receptacles,benches and bike racks. 2.C. Final Status Report(DRP-109).
2.B. Development of Completion of
Documentation Checklist(OGT-13).
2.C.Completion of Final Status Report(DRP-
109).
DEP Agreement No.:T2110 Attachment 3-A,Page 2 of 3
RTP_FY20-21
Project Task Performance Standard: The Department's Grant Manager will review the Project Completion Certificate and the Deliverables to verify compliance with the
requirements for funding under the Recreation Trails Program(RTP); approved plans and application approved for funding. Upon review and written acceptance by the
Department's Grant Manager of the Project Completion Certification and the Deliverables,the Grantee may proceed with the payment request submittal.
Payment Request Schedule: Following Department approval of Project Deliverables,the Grantee may submit a single payment request on Payment Request Summary
Form(DRP-115)along with all required documentation as outlined in the Financial Reporting Procedures(DRP-110),as applicable,to support payment.A payment request
submitted as part of the reimbursement process must correspond with the Cost Analysis and supporting documents provided under Project Tasks.The payment request must
include documentation regarding the match source,as required.
Endnotes:
1. RTP documentation is available at https://floridadv.gov/lands/land-and-recreation-grants/content/rtp-assistance and/or,Land and Recreational Grants Section,State of
Florida Department of Environmental Protection,3900 Commonwealth Boulevard,M.S.585,Tallahassee,Florida 32399-3000.
2. Project Agreement is subject to termination if Commencement documents under Task 1 are not received and approved by the Department within 12 months of the
Project Agreement execution.
3. This time period may be extended within the parameters of the RTP and/or FHWA federal guidelines, upon written request of the Grantee and approval by the
Department.
DEP Agreement No.:T2110 Attachment 3-A,Page 3 of 3
RTP_FY20.21