Resolution 209-1994
Planning Department
RESOLUTION NO. 209-1994
A RESOLUTION OF THE MONROE COUNTY BOARD
OF COMMISSIONERS AUTHORIZING THE EXECUTION
OF THE FLORIDA RECREATION DEVELOPMENT
ASSISTANCE GRANT FOR THE DEVELOPMENT OF
BERNSTEIN PARK ON STOCK ISLAND
WHEREAS, Resolution No. 362-1993 executed by the Board of
Commissioners on September 28, 1993, authorized the submission of
a Florida Recreation Development Assistance grant application to
the Department of Environmental Protection, and
WHEREAS, Monroe County has received notification from the
Department of Environmental Protection that the development of
Monroe County's outdoor recreation project has been approved, and
WHEREAS, $100,000.00 is available for this purpose with a 25%
Monroe County match for the development, now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA that the Mayor of the Board is hereby
authorized to execute the proj ect Agreement by and between the
Florida Department of Environmental Protection and Monroe County,
concerning a grant award in the amount of $100,000 for the devel-
opment of Bernstein Park, a copy of same being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of July, A.D., 1994.
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Mayor London yes
Mayor Pro Tem Cheal yes
Commissioner Freeman ves
Commissioner Harvey yes
Commissioner Reich yes
By
OF COUNTY COMMISSIONERS
NROE O~
MAYOR/CHAIRMAN
l_.a._
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY'~C.~-
DEPUTY CLE K
Resolution #
",
t~1~5
(DEP Contract Number)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this
, 19___, by and between the State of Florida,
day
of
Department of Environmental Protection, hereinafter called the
DEPARTMENT, and Monroe County, hereinafter called the GRANTEE, in
furtherance of an approved outdoor recreation project. In
consideration of the mutual 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 Agreement 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 1 of 10
Florida statutes, shall have application to this Agreement.
2. The DEPARTMENT has found that outdoor recreation is
the primary purpose of the project known as Bernstein Park
(Florida Recreation Development Assistance Program, Project
Number F94030), hereinafter called the PROJECT, and enters into
this Agreement with the GRANTEE for construction of outdoor
recreation facilities and improvements on real property, the
legal description of which is set forth in Exhibit A, attached.
3. The GRANTEE will construct, or cause to be
constructed, certain outdoor recreation facilities and
improvements in accordance with the following PROJECT elements
which aay be modified with good cause by the DEPARTMENT:
fiShing pier, basketball court, picnic facilities, bike rack,
signage, parking 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 limits are based upon the following:
DEPARTMENT Amount
$ 100.000.00
$ 33.333.00
-1ll
-.lll
GRANTEE Match
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. The Contract Manager shall, within sixty (60) days after
Page 2 of 10
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 Project Commencement Documentation Fora, DEP
Form 42-005.
6. The GRANTEE shall comply with the DEPARTMENT'S
Grant and Contract Accountability POlicy, Chapter 16A-ll, Florida
Administrative Code, hereinafter called the POLICY, and
incorporated into this Agreement by reference as if fully set
forth herein. The GRANTEE shall ensure 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, shall 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 under the PROJECT and sets forth
principles for determining eligible costs, supporting
documentation and minimum reporting requirements. The GRANTEE
shall retain all records supporting PROJECT costs for three (3)
years after the fiscal year in which the final PROJECT payment
Page 3 of 10
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, Auditor General, state Comptroller and
other relevant parties shall have the right to inspect and audit
the GRANTEE'S records for said PROJECT.
7. Program funds may be reimbursed for eligible costs
incurred prior to execution of this Agreement if the GRANTEE has
been granted a Waiver of Retroactivity and all applicable
requirements have been satisfied.
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 $2,025.10,
for: planning and design costs.
9. This Agreement shall become effective upon
execution and the Grantee shall complete construction of all
PROJECT elements on or before April 1, 1996. All PROJECT close-
out documentation shall be submitted to the DEPARTMENT prior to
release of Program funds pursuant to the 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
.
approve all reimbursement requests prior to payment. The
Page 4 of 10
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
submit to the DEPARTMENT signed PROJECT status reports every
ninety (90) days summarizing the 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, contractor.,
and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity and the
liaitations set forth in Section 768.28, 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 in the 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.
15. FOllowing receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-compliance by the
Page 5 of 10
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 inform the GRANTEE
of any reimbursement due the DEPARTMENT.
16. The DEPARTMENT shall 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 amount of 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 Federal 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 GRANTEE'S eligible wages and salaries. Indirect costs that
exceed 15% must be approved in advance by the DEPARTMENT to be
considered eligible PROJECT expenses.
20. 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
Page 6 of 10
purchase orders of the GRANTEE 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 ensure that the project, if on
GRANTEE-owned land and purchased or developed with FRDAP funds,
shall be managed for outdoor recreation purposes for a .ini.u.
period of twenty-five (25) years from the completion date .et
forth in the project completion certificate. Land under control
other than by ownership of the GRANTEE (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
of the project site to other than DEPARTMENT staff approved
recreational uses, the GRANTEE shall replace the area,
facilities, resource and site at its own expense with a project
Page 7 of 10
of comparable scope and quality acceptable to the DEPARTMENT.
23. 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.
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 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 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 entity or organization has complied with the
provisions of the grant.
Page 8 of 10
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 project 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:
Fran P. Mainella, Director
Division of Recreation and Parks
Address:
Bureau of Local Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail station 585
Tallahassee, Florida 32399-3000
Approved as to
Form and Legality:
~~'&u (
merit) Atto'~y
BOARD OF COUNTY COMMISSIONERS
OF MONROE UNTY ~
or designee*
Title: Mayor/Chairman
Address:
2798 Overseas Hiqhway
Marathon, Florida 33050
(SEAL)
ATTEST; DANNY L. KOLHAGE, CLERK
By A""t' t. ~4--e....
eputy C~r
DATE: () 1- j(J - 'I
PU/
...
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 42-058
Revised 02-22-94
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J;XHIDIT "1\"
Lots 1, 2, 3, 4 and 5, Dlock 57, "George L. McDonald,.
Plat of Part of stock Island", less the Westerly eight
feet (B') of Lot 1 and less the Eastorly thirty feet (30)
of Lot 5, according to the plat thereof as recorded in
Plat Book 1, Page 55, of the Public Records of Monroe
county, Florida.
ALSO
A parcel of submerged land lying South of said Block 57,
more particularly described as follows: commencing at
the Northwest corner of Lot 1, Block 57, Maloney's Plat
of stock Island, according to the plat thereof, as
recorded in Public Records of Monroe County, Florida, in
Plat Book 1, Page 55, run South along the Easterly right
of way line of Fifth street according to the
aforementioned plat a distance of 200 feet, more or less
to the shoreline ; thence meander the shoreline in an
Easterly direction 8 feet, more or less, to the Point of
Beginning, said Point of Beginning being B.OO feet
Easterly of as measured at right angles to the Easterly
Right of Way 1 ine of Fifth street, according to. the
aforementioned record plat, if extended Southerly: thence
run south along a line 8.00 feet distance from and
parallel to the Easterly Right of Way line of Fifth
street, if extended, for a distance of 1160 feet more or
less to a point; thence deflection 90 degrees to the left
run 310.27 feet; thence deflection 83 degrees 56' to the
left run Northeasterly along the Southwesterly extension
of the Easterly line of Lot 5, Block 57 of the
aforementioned plat of a distance of 1060 feet, more or
less to the shoreline: thence meander the shoreline in
a Westerly direction for a distance of 480 feet, more or
les5, back to the point of Beginning less that portion
sold to stock Island Utility Company by Warranty Deed
recorded in official Records Book 866, Pages 2446-2450,
of the Public Records of Monroe County, Florida.
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