R94-66RESOLUTION R94-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND THE
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, FOR THE
DEVELOPMENT OF THE DOWNTOWN MANGROVE
PARK; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has applied for and
been awarded a grant from the State of Florida, Department of
Environmental Protection in the amount of $100,000 for the
development of Downtown Mangrove Park; and
WHEREAS, the City Commission of the City of Boynton
Beach, Florida deems it to be in the best interests of the
citizens and residents of the City to enter into an Agreement
with the State of Florida, Department of Environmental
Protection,-Digision of Recreation and Parks which Agreement
sets forth criteria for said Grant, said Agreement being
attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Flori~a does hereby authorize and direct the Mayor and
City Clerk to execute An Agreement between the City of Boynton
Beach and the State of Florida, Department of Environmental
Protection for the development of Downtown Mangrove Park, said
Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution will become effective
immediately upon passage.
PASSED AND ADOPTED this /~ day of April, 1994.
OF
BEACH, FLORIDA
Mayor Pro
Commissioner
ATTEST:
Ci~ Clerk
(Corporate Seal)
Commissioner
Mangrove. Grant
4/14/94
(~EP~ Contract N~mher)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this day
of , 19 , by and between the State of Florida,
Department of'Environmental Protection, hereinafter called the
DEPARTMENT, and the City of Boynton Beach, hereinafter called the
GP~%NTEE, in furtherance of an approved outdoor recreation
project. In consideration of the mu=ual covenants contained
herein and pursuant to Sections 370.023, 375.021 and 375.075,
Florida Statutes, and Chapter 16D-5, Part V, Florida
Administrative Code, the parties hereto agree as follows:
1. This Agreement shall be performed in accordance
with Sections 370.023, 375.021 and 375.075,_ Florida Statutes, and
Chapter 16D-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. Disputes concerning the
interpretation or application of this Agreemen= shall be resolved
by the DEPARTMENT whose decision shall be final and binding on
the GRANTEE. The DEPARTMENT may cancel this Agreement for
failure by the GRANTEE to perform pursuant to the terms and
conditions of this Agreement. It is the intent of the DEPARTMENT
and the GRANTEE that none of the provisions of Section 163.01,
Page i of 10
Florida Statutes, shall have application to this Agreement.
2. The 0EPARTMENT has found, that ~o~tdoor recreation is
the primary purpose of the project known as Downtown Mangrove
Park [Florida Recreation Developmenti ASSistance Program, Project
Number F94001), hereinafter called the PROJECT, and enters into
this Agreement with the GI~ANTEE for construction of outdoor
recreation facilities and improvements on real property, the
legal description of,~,w~.ich, is set forth -i~Exhibi~A~. attaChed.
3. ~Th~e GRANTEE wi!l.~ ~onstru~ct~ ~r,. caus~ ~ be
improvements in accordance with~the following pROJECT elements
which may be modified with.goodi,cause by the DEPARTMENT:
boardwalk, Picnic facilities, nature observation~tower:and
kiosks, restroom, parking, landscaping, utilities and other
related support facilities.
4. The DEPARTMENT shall pay, on a-reimbursement basis,
to the GRANTEE, funds not to exceed $100,000.00, which will pay
the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT
fund limi=s are based upon the f~llowing:
DEPARTMENT Amount $ ~00.000.00 50%
GRANTEE Match $ ~00,000.00 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
Page 2 of 10
review. The Contract Manager ~ha-ll~ within sixty (60) days after
receipt of a payment request, review the work accomplished to
date on the GRANT and, if in order, approve the request for
payment. The DEPARTMENT shall retain 10% of the entire
DEPARTMENT amount until completion of the PROJECT.
5. Prior to commencement of project construction, the
GRANTEE shall submit for DEPARTMENT approval the documentation
described in the Florida Recreation Development Assistance
Program Development Proj eot Commencement Documentation Form, DEP
For~ 42-005.
6. The GRANTEE shall comply with the DEPARTMENT,S
Grant and Contract Accountability Policy, Chapter 16A-11, Florida
Administrative Code, hereinafter called the POLICY, and
incorporated into this Agreement by reference as if fully set
forth herein. The GRANTEE shallensure that 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
required matching contribution,,~s~a11 be reported to the
DEPARTMENT and summarized on certification forms provided in the
POLICY. The POLICY establishes uniform guidelines and procedures
to be utilized by the DEPARTMENT and the GRANTEE in accounting
for grant funds disbursed~nder the PROJECT and se=s forth
principles for determining eligible costs, supporting
documentation and minimum reporting requirements. The GRANTEE
shall retain all records supporting PROJECT costs for three (3)
Page 3 of 10
years after the fiscal year in which the final PROJECT payment
was released by the DEPARTMENT or until fin~iresolution of
matters, resulting from any litigation, claim or audit that
star~edprior~t0the ~xpiration of the three-year retention
period. The DEPARTMENT, Auditor General, State Comptrol. ler and
other relevant parties shall have the right to inspect and audit
the GRANTEE'S records for-said PROJECT.
7. Pr0g~am funds may-.be re~ursed for eligibte costs
incurred prior~to execUtionofthisAgreem~nt if the. GRANTEE has
been granted s Waiver of Retroactivity and all applicable
requirements have beensatisfied.
8. The DEPARTMENT and the GRANTEE fully understand and
agree that there shall be no reimbursement of funds by the
DEPARTMENT for any obligation or expenditure made prior to the
execution of this Agreement with the exception of $ -0-,
for: N/A
9. This Agreement shall become effective upon
execution and the Grantee shall complete construction of all'
PROJECT elements on or before Apr~l 1, 1996. All PROJECT close-
out documentation shall be submitted to the DEPARTMENT prior to
release of Program funds pursuant tothe requirements of the
RULE.
10. Mary Ann Lee, Community Assistance Consultant, or
successor, is hereby designated the DEPARTMENT'S Contract Manager
for the purpose of this Agreement and shall be responsible for
ensuring performance of its terms and conditions and shall
Page 4 of 10
approve all reimbursementrequests prior to payment. The
GRANTEE'S Liaison Agent, as identified, in the~ project
application, shall act on behalf of the GRANTEE relative to the
provisions of the Agreement. The GRANTEE,S Liaison Agent shall
submitto the DEPARTMENT signed PROJECT status reports every
ninety (90) days s~marizingthe work accomplished, problems
encountered, percentage of completion and other appropriate
information. Photographs shall 'be submitted when appropriate to
reflect the construction work accomplished.
11. All monies expended by the GRANTEE for the purpose
contained herein shall be subject to preaudit review and approval
by the Comptroller of Florida in accordance with Section 17.03,
Florida Statutes.
12. 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 76S.28, Florida Statutes.
13. The DEPARTMENT reserves the right to inspect said
PROJECT and any and all records related thereto at any time.
14. This Agreement may be unilaterally cancelled by the
DEPARTMENT inthe event the GRANTEE refuses to allow public
access to all documents, papers, letters or other materials made
or received in conjunction with the Agreement pursuant to the
provisions of Chapter 119, Florida Statutes.
Page 5 of 10
15. Following receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-~ompliance by the
GRANTEE with said Agreement, the GRANTEE will be allowed a
maximum of sixty (60)~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 in~orm the GRANTEE
16. The DEPARTMENTshali~have the right to demand a
refund, either in whole or part~ Of the funds provided to the
GRANTEE for non-compliance with the terms of the Agreement, and
the GRANTEE upon notification from the DEPARTMENT, agrees to
refund, and will forthwith pay, the amountof money~demanded--
which payment shall be made directly to the DEPARTMENT. Such
refund shall include interest calculated at two (2) percent over
the prevailing prime rate as reported by the Federa~l Reserve.
17. The State of Florida's performance and obligation
to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
18. Reimbursement of eligible travel expenses shall be
subject to the requirements of Section 112.061, Florida Statutes.
19. Allowable indirect costs shall not exceed 15% of
the GI~ATTEE'S eligible wages and salaries. Indirect costs that
exceed 15% must be approved in advance by the DEPARTMENT to be
considered eligible PROJECT expenses.
Page 6 of 10
20. Asphalt paving for the PROJECT shall conform to the
Florida Department of Transportation's.spec~fkcations for road
and bridgeconstruction. Bid specifications, contracts and/or
purchaee orders of theGRANTEE must specify thickness of asphalt
and square yards to be paved.
21. Prior to final reimbursement, the GRANTEE must
erect a permanent information sign on the project site which
credits the Florida Department of Environmental Protection and
the Florida Recreation Development Assistance Program.
22. Land owned by the GRANTEE, whiCh is developed or
acquired with FRDAP funds, shall be dedicated in perpetuity as an
outdoor recreation site for the use and benefit of the public.
The dedication must be recorded in the public property records by
the GRANTEE. The GRANTEE shall ensurethatthe project, if on
GRANTEE-owned land and purchased or developed with FRDAP funds,
shall be managed for outdoor recreation purposes for a minimum
period of twenty-five (25) years from the completion date set
forth in the project completion certificate. Land under control
other than by ownership of the ORANTEE (e.g., lease, permit,
management agreement or other similar instrument, etc.) and
developed with program funds shall be managed as an outdoor
recreation area for the public for a minimum period of twenty-
five (25] years from the completion date set forth in the project
completion certificate. This project shall be open at reasonable
times and shall be managed in a safe and attractive manner
appropriate for public use. Should GRANTEE, convert all or part
Page 7 of 10
of the project site to other than DEPARTMENT staff approved
recreational uses, the GRANTEE shall re~lace~the area,
facilities, resource and site at its own expense with a project
of comparable, scopeandquality.'~acceptable to. the .DEPARTMENT.
23. No person on the ground~ of raoe~ 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.
24. This Agreement strictly prohibits the expenditure
of FRDAP funds for the purpose of lobbying the Legislature, the
judicial branch, or a state agency.
25. 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,
(b) If the amotmts 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 the grant; or
Page 8 of 10
(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 the grant.
26. In addition, a copy of the product as required in
paragraph 25, shall be submitted to the DEPARTMENT within one (1)
year from the projec= completion date as set forth in the project
completion certificate.
27. 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.
Page 9 of 10
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
By:
FranP. Mainella, Director
Division of Recreation and Parks
CITY OF BOYNTON BEACH
By:
Title:
Address:
Bureau of ~cal Recreation Se~ices
Division of Recreationand Par~
3900 Cononweal~ Boulevard
Mail S~tion 585
Tall~assee, Florida 32399-3000
Address:
Post Office Box 310
Boynton Beach, Florida
33425
Approved as to
Form and Legality:
Grantee Attorney
DEP 42-058
Revised 02-22-94
Page 10 of 10
~dilBIT A
LEGAl. DESCRIPTION
A parcel of land being all of Lots 5, 12, 21 and 22, and also being
portions of Lots B and 1] of plat of 'SUBDIVISION OF THE S.W. 1/4 OF
THE S.W. I/4 OF SEC. 22 ANO THE N.W. 1/4 OF THE N.W. 1/4 OF SEC. 27
OF T.4SS~ R~43E." o be hereSnafter referred to as
s recorded In PlatBook 1, Page 37 of, the
Beach County, Florida beingln Section 22,
Township ¢5 South.: Range-43 East, City of Boynton Beach. Palm Beach
Couhty, Florida being more particularly described as follows:
Commencing at the Southwest corner of said Section 2~: thence North
89 55'53" East along theSouthllneof saldSectton 22, a distance of
682.56 feet; thence NOrth 01°32'24· West~ a distance of 325,6g feet
to the SOuthwest corner of said Lot 22 and the POINT OF BEGINNING of
thiS description;
thence North 01°32'24· West along the. West line of said Lot 22, a
distance of 31S.6g feet to the Northwest Corner of said Lot 22;
thence North 01°32'24· West along.the Northerlyexteflsien of the said
West line of Lot 22, a distance of 20,0! feet to the Soutlhwest corner
of S~Id'Lot 11'; ~
thence North
LOts~
land
Sur¥~
O'Brlen,
1983 and
point of Inter~
the South line of said Lot I1. same
between said
p of
"Boundary
by
dabed May 5,
a dis:tance 117.Sg fat to a
fence;-
of
link fence, a distance
said chain link fence;
then:ce North 03°13'.14" East along Said chain link fence, a distance
Of 27.g4 feet to a'change of direction in said chain link fence;
thence North 03QO2'LO~"West along said chain link fenc~ and the
Northerly extensio~ thereof, adistance of !60.58 feet;
Thence North 89°57'22, West along the Easterly extension of the cen-
terline of Northeast 6t)/Afenuei a' dts.tan~e O~ !21.7!fleet to a point
of intersection with t~ East Tine of plat of.'CIVIC'CENTER
SUBDIVISION~ as recorded in Plat Book 12~' Page 68 of the said Public
Records;
thence North01°31'52" West along the said East line of "CIVIC CENTER
SUBDIVISION' same linealso being the West line of said Lot 6 of
"DEWEY SUBDIVISION' a distance of 143.gg feet to the Northwest corner
of said Lot 6;
thence $Outh"8g~$7 22:" East, ~long .the NOrt'h 45he,of ~-said t~ots $ and
me ltne~a.ls~ being t~e South l~ne o:f~s~rip~of ~aAd iying North
~. W ~ UB~JVDSION ~said strip
' ~ - 6~as ~hown on sa4d DE E ~. ..... ,
said Lo~s 5 and ,
~ · ~ dt~. as shown on s~id mu~yey~by 0 Brfen,
of.~nd.~,.~.,~. ,~. ~ .~' tanceof 677~04~fee% to the :)ortheast
corner of said Lot 5;
the~
East llne~ of ~Lots ? ~nd 12.
NO~r~he~s~-co~n~ of:Sai~ LOt
' East
.lg fe~t
and
d Lot 12;
the said
of said Lot 21, a
Lots 21 and
tng South of
on said
'8rten, loc,
BEGINNtNG a~,tjhe:~i[d ~ort~es corner-
ion of the West
corner of
said
t
ad
ther
fee
the sale
Gouth:ltnes of Lots 11 and 12,
~):cormer'of said Lot 12;
extension of Lot 12,
corner of Lot 21;
or ~s of Lots 21 and 22,
corner of Lot 22 and the
PO!
Containing ]3.26 Net Acres, more or less, {Not including LESS parcel).
SuUject to existing EasementS, Rights-of-Way, Restrictions and
Reservations of RecordJ