Resolution 110-1994
F~LEO F ilF RECORe
Grants Management
RESOLUTION NO. 110 - 1994
A9~E&~lu~I&~ 6~ THE MONROE COUNTY BOARD OF COMMISSIONERS
AUTHORIZING THE EXECUTION OF A REVISION TO THE LAND
AND WATER CONSERVATION FUND GRANT AGREEMENT NO.12-00336
FOR MPROVEMENTS AT SOMBRERO BEACH / SWITLIK PARK
. ,
WHEREAS, Resolution No. 454-1992, executed October 7,
1992, by the Monroe County Board of Commissioners authorized
the submission of the grant application requesting funds for
certain improvements to Sombrero Beach/Switlik Park; and
WHEREAS, Resolution No. '033-1994, executed January 20,
1994, by the Monroe County Board of Commissioners authorized
the execution of Land and Water Conservation Fund Grant
Agreement No. 12-00336; and
WHEREAS, it was necessary to revise the orginal grant
agreement to include preagreement costs in the amount of
$13,550.00 for the restrooms and parking renovations; now
therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
1. The Mayor of the Board is hereby. authorized to execute
the revised Lanq and Water Conservation Fund Agreement No.
12-00336; and that
2. This resolution shall become effective immediately
upon adoption by the Commission and execution by the
Presiding Officer and Clerk.
PASSED AND ADOPTED by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting of said
Board held on the 24th day of March, A.D., 1994.
Mayor London
Mayor ProTem.Cheal
Comm.i,ssioner Freeman
Commissioner Harvey
Commissioner Reich
YES
YES
YES
ABSENT
YES
DANNY 1.. K:OMlAGE, Clerk
(Seal) ..tlo. ~
Attest: LJ/e.
;PPROfP'ED TOFORM
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
C8368
(DEP Contract Number)
LAND AND WATER CONSERVATION FUND PROGRAM
FISCAL YEAR 1992-1993
DEVELOPMENT PROJECT GRANT AGREEMENT
12-00336
(LWCF project Number)
This Project Agreement is entered into on this
day of
, 19___, by and between the Florida
Department of Environmental Protection, (hereinafter referred to
as "Department"), and Monroe County, hereinafter referred to as
"Grantee"), in furtherance of an approved outdoor recreation
Project.
WHEREAS, the Department is given the authority to receive
funds for the purpose of passing through the agency as grants to
other entities in Section 370.023, Florida Statutes: and
WHEREAS, Chapter 375, Florida Statutes, further authorizes
the Department to receive grants for outdoor recreation and
conservation:
NOW THEREFORE, in consideration of the mutual covenants
contained herein, the Department and Grantee do hereby agree as
follows:
1. This Project Agreement shall be performed pursuant to
Chapter 16D-5, Part VI, Florida Administrative Code, as amended,
(hereinafter re:ferred to as "Rule"), the Land and Water
Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat
897, as amended, (hereinafter referred to as "Program"), and in
accordance with general provisions for such agreements prescribed
by the United States Department of the Interior (hereinafter
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referred to as "USDI") in the LWCF Grants Manual, (hereinafter
referred to as "Manual"). The Grantee agrees to become familiar
with all provisions and comply with the Rule and Manual, which
are incorporated into this Project Agreement by reference, as if
fully set forth herein. In the event a dispute should arise
between the parties concerning the intent of any language herein
contained, the same shall be resolved by the adoption of that
meaning which furthers the intent and purpose of the above
referenced Acts of Congress and the general provisions governing
this Project Agreement as set forth in the Manual to the extent
that said Manual is not inconsistent with the Rule, in which case
the Rule shall govern. No construction shall be contrary to the
requirements of the Acts of Congress or of the regulations of the
Secretary of the Interior.
2. By acceptance of the Program grant, the Grantee agrees
to comply with the requirements of Title VI of the civil Rights
Act of 1964; the Architectural Barriers Act of 1968; section 504
of the Rehabilitation Act of 1973; the Age Discrimination Act of
1975; the Drug-Free Workplace Act of 1988; the Americans with
Disabilities Act of 1990; section 1352, Title 31 of the U.S. Code
regarding limitations on use of appropriated funds to lobby or
otherwise influence Federal contracting and financial
transactions; Executive Order 12549, regarding Federal debarment
and suspension of contractors; Section 8136 of the Department of
Defense Appropriations Act, which requires inclusion of the
Federal funding amount and the percentage of the total project
that amount represents in all public notices and documents
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describing the Project; and, section 623 of the Treasury, Postal
Service and General Government Appropriations Act of 1990,
regarding public notice of Federal funding in solicitations for
goods and services for projects with an aggregate value of
$500,000.00 or more. The Grantee further agrees to cooperate
with the Department in all aspects of compliance with all laws
applicable to use of Program funds. It is the intention of the
parties hereto that none of the provisions of Chapter 163.01,
Florida Statutes, shall have application to this project
Agreement.
3. The Department has found that outdoor recreation is the
primary purpose of the Project known as Sombrero BeachjSwitlik
Park, LWCF Project number 12-00336, (hereinafter referred to as
"Project"), and enters into this Project Agreement with the
Grantee for development of outdoor recreation facilities and
improvements on real property controlled by the Grantee through
ownership or other interest. The legal description and approved
method of site control of said real property are set forth in
full in the Project application. The Project application is
incorporated into this Project Agreement by reference as if fully
set forth herein.
4. Prior to commencement of the Project, the Grantee shall
submit for Department approval the documentation described in the
Land and Water Conservation Fund Program Required Project
Commencement Documentation Form, DEP form 42-008.
5. The Grantee will construct, or cause the construction of
specified outdoor recreation facilities and improvements,
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(hereinafter referred to as "Project Elements"), upon the real
property identified in Paragraph 3 herein. The following shall
be considered the Project Elements, which may be modified with
good cause by the Department: development of fishing pier,
basketball court, picnic pavilion, playground, swimming floats,
renovation of ballfield, restrooms, parking and other related
support facilities.
6. The Project Elements identified in Paragraph 5 herein
shall be designed and constructed substantially in accordance
with the conceptual site development plan contained in the grant
application. project site facilities shall be attractive for
public use, and generally consistent and compatible with the
environment. Plans and specifications for Project site
improvements and facilities shall be in accord with current and
established engineering and architectural practices. Emphasis
should be given to the health and safety of users, accessibility
to the general public, and the protection of the recreation and
natural values of the area. This site development plan may be
altered by the Grantee, only after approval by the Department.
Any and all utility lines. installed within the park shall be
placed underground. The Grantee shall have the final site
development plan (site engineering and architectural) prepared by
a registered architect or engineer.
7. The Grantee shall complete all Project construction by
the construction completion date, september 30, 1995.
8. within thirty (30) days of completion of the Project and
prior to release of the final payment, the Grantee shall submit
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for Department staff approval the documentation described in the
Land and Water Conservation Fund Program Required Project
completion Documentation Form, DEP Form 42-071.
9. Execution of this Project Agreement does not relieve the
Grantee of the responsibility to comply with all applicable
federal, state, county, or municipal laws, ordinances or rules
nor is the 'Grantee relieved of the responsibility to obtain any
permits, management agreements or leases which are required by
the Department or any federal, state, county or municipal agency
for acquisition or development of the Project site.
10. The Department shall transfer, on a reimbursement basis
to the Grantee, the eligible grantee amount not to exceed
$32,600.00, which will pay said Program's share of the cost of
the Project. Program fund limits are based upon the following:
Indirect Cost (Chapter
Florida statutes)
Rate/Amount
$ 32.600.00
215.195,
8.52 %/$ 2.777.52
$ 29.822.48
$ 29.822.48
$ 59.644.96
Total Program Amount
Total Grantee Amount
Grantee Match Amount
Total project Cost
Type of Match Cash and/or In-kind Services
Program funds may be released at the discretion of the
Department, upon the request of the Grantee's duly authorized
Liaison Agent. Project reimbursement requests shall include all
documentation required by the Department for a proper pre-audit
and post-audit review. The Department's Contract Manager shall,
within sixty (60) days after receipt of a complete payment
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request, review the submitted documentation and project work
accomplished to date and, if complete pursuant to requirements of
this Project Agreement, approve the request for payment. The
Department shall retain $2,988.25 of the Total Grantee Amount as
the final payment until completion of the Project. Reimbursement
of eligible travel expenses shall be subject to the requirements
of section 112.061, Florida Statutes.
11. 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 project Agreement with the exception of
$13,550.00, for: restrooms and parking
12. The Grantee shall adhere to the Department's Grant and
Contract Accountability POlicy, Chapter 16A-11, Florida
Administrative Code, (hereinafter referred to as "Accountability
policy"), incorporated into this Project Agreement by reference
as if fully set forth herein. The Accountability policy
establishes uniform guidelines and procedures to be utilized by
the Department and the Grantee in accounting for grant funds
disbursed under the Program and sets forth principles for
determining eligible costs, supporting documentation and minimum
reporting requirements. Expenses, representing the grant amount
and required match, shall be reported to the Department and
summarized on certification forms provided by the Department.
The Grantee shall retain all records supporting Project costs for
three (3) years after the fiscal year in which the final Program
payment was released by the Department except that such records
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shall be retained by the Grantee 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 and other authorized governmental
agencies shall have the right to audit such records throughout
the retention period described above.
13. This Project Agreement may be cancelled by the
Department without prior notice for refusal by the Grantee to
allow public access to all documents, papers, letters, or other
material made or received by the Grantee in conjunction with this
Project Agreement and subject to the provision of Chapter 119,
Florida statutes.
14. In accordance with the LWCF Act an annual apportionment
will be made to each state unless Congress or the President
decides to defer or rescind the apportionment.
15. competitive open bidding and purchasing for construction
of said project facilities or improvements shall comply with all
applicable laws and the Manual. Following completion of Project
construction, the Grantee's Liaison Agent shall provide the
Department with a statement certifying that all purchases or
contracts for construction were competitively bid pursuant to
applicable law and the Manual.
16. This Project Agreement strictly prohibits the
expenditure of Program funds for the purpose of lobbying the
Legislature, the jUdicial branch, or a state agency. All moneys
expended by the Grantee for purposes contained herein shall be
subject to pre-audit review and approval by the Comptroller of
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Florida in accordance with section 17.03, Florida Statutes.
Supporting documentation for expenditures shall be provided by
the Grantee in accordance with the Accountability Policy.
17. The Department and USDI shall have the right, through
its agents, servants, and employees designated for that purpose,
to inspect the site of the Project and the facilities thereon at
any reasonable time.
18. Following receipt of an audit report identifying any
refund due the Department for noncompliance by the Grantee with
said Project Agreement, the Grantee will be allowed sixty (60)
days to submit additional pertinent documentation to offset any
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 refund due the Department.
19. The Department shall have the right to demand a refund,
either in whole or part, of the funds provided to the Grantee for
noncompliance with the terms of this Project Agreement.
20. If the United States, acting through the USDI, the
Secretary of the Interior, or any other branch of the government
of the united States, acting within the scope of its lawful
authority, should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the
Grantee under tne terms of this Project Agreement, the Grantee,
upon notification from the Department, agrees to refund and will
forthwith repay directly to the Department the amount of money
demanded.
21. Joyce Hereford, Community Assistance Consultant, or her
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successor, hereby designated as the Department's Contract Manager
for the purpose of this Project 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 shall act on behalf of the Grantee
relative to provisions of this project Agreement and shall submit
to the Department signed quarterly project status reports, on a
calendar basis, summarizing work accomplished, problems
encountered, percentage of completion and other pertinent
information. Photographs shall be submitted with status reports,
when appropriate, to reflect construction work accomplished.
22. By acceptance of the provisions of this Project
Agreement, the Grantee does hereby dedicate the Project site and
all land within the project boundaries, identified in Paragraph 3
herein, to the public in perpetuity as an outdoor recreation
area. The Grantee further agrees that the execution of this
Project Agreement by the Department shall constitute an
acceptance of said dedication on behalf of the general public of
the state of Florida.
23. The Grantee agrees to operate and maintain the project
site in perpetuity and to operate and maintain Project assisted
facilities developed thereon at its own expense for a minimum
period of twenty-five (25) years. The Project site, project
related facilities and any future outdoor recreation facilities
developed on the Project site shall be open to the general public
for outdoor recreation use, maintained in accordance with
applicable health and safety standards, and kept in good repair
Page 9 of 13
to prevent undue deterioration and provide for safe public use.
The Grantee covenants that it has full legal authority and
financial ability to develop, operate and maintain said Project
related facilities and improvements as specified within the terms
of this Project Agreement. The Grantee shall obtain Department
approval prior to any and all current or future development of
facilities on the Project site, if said development is not
described in Paragraph 5 herein.
24. The Grantee shall not, for any reason, convert all or
any portion of the park for any purpose other than outdoor
recreation without prior approval of the USDI pursuant to Section
6(f) (3) of the LWCF Act and the Manual.
25. When completed, entrance to Program sites and
facilities thereon must be uniformly made available on a non-
exclusive basis to the general public. No person, on the grounds
of race, 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. Reasonable differences in
admission fees may be maintained on the basis of residence, in
accordance with provisions of the Manual.
26. 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 sectibn 768.28, Florida Statutes.
27. Any local governmental entity, nonprofit organization,
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. .
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 $100,000.00, have an
audit performed in accordance with the rules of the Auditor
General promulgated pursuant to section 11.45, Florida Statutes;
(b) If the amounts received exceed $25,000.00, but do not
exceed $100,000.00, 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 Project Agreement; or
(c) If the amounts received do not exceed $25,000.00, 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 Project Agreement.
28. If The Grantee is subject to the provisions of Office of
Management and Budget (OMB) Circular #A-128, then the Grantee
shall furnish a copy of the required independent financial and
compliance audit to the Department within 30 days after
furnishing the original audit to OMB.
29. If through any cause the Grantee should fail to fulfill
in a timely manner the obligations under this project Agreement,
or if the Grantee should violate any of the covenants, agreements
or stipulations of this Project Agreement, the Department shall
thereafter have the right to terminate this Project Agreement
without prior notice. In the event the Department so terminates
Page 11 of 13
this Project Agreement for such violation, the Department is not
required to compensate the Grantee for any expenses incurred.
30. Asphalt paving for the project 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.
31. The Grantee and the Department mutually agree to the
following special terms and conditions incorporated as part of
this Project Agreement: the reimbursement amount of $29,822.00
as identified in paragraph 10, will be withheld until the
Department and the National Park Service approve all conversion
documents. If the conversion is not resolved by september 13,
1994, the Grantee will be ineligible to apply for further LWCF
Program funding. These conditions refer to the Grantee's LWCF
project 12-00291, Big Pine Key Conversion.
32. This Project Agreement has been delivered in the state
of Florida and shall be construed in accordance with the laws of
Florida. Wherever possible, each provision of this Agreement
shall be interpreted in such manner as to be effective and valid
under applicable law, but if any provision of this Agreement
shall be prohibited or invalid under applicable law, such
provision shall-be ineffective to the extent of such prohibition
or invalidity, without invalidating the remainder of such
provision or the remaining provisions of this Agreement. Any
action hereon or in connection herewith shall be brought in Leon
County, Florida.
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County, Florida.
33. This Project Agreement represents the entire agreement
of the parties. Any alterations, variations, changes,
modifications, or waivers of provisions of this project 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 Project Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed the day and year first above
written.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY
~: ~:
Fran P. Mainella, Director Chairman or desginee*
Division of Recreation and Parks DATE:
and State Liaison Officer
Type Name:
Jack London
Title: Mayor/Chainnan
Address:
5100 College Road, S.I.
Key West, Florida 33040
AITEST': DANNY L. KOI1-IAGE, CLERK
By Deputy Clerk
A~~~d as to
Filld Legal'ty:
Grantee Attorney
*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.
DEP 42-020
Revised 11/09/93
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