Resolution 016-1989
~
Paul Wick
Grants Manager
RESOLUTION NO. 016 -1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE
LAND AND CONSERVATION FUND PROGRAM ACQUISITION
PROJECT AGREEMENT CONTRACT NO. C-5681 BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES
AND MONROE COUNTY CONCERNING THE PROJECT KNOWN AS
THE BIG PINE KEY OUTDOOR RECREATION AREA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute Land and Conservation Fund Program
Acquisition Proj ect Agreement Contract No. C-5681 between the
State of Florida Department of Natural Resources and Monroe
County of Monroe, a copy of same being attached hereto and made a
part hereof, concerning the proj ect known as the Big Pine Key
Outdoor Recreation Area.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 3,..,1. day of J.'r\u...t-j , A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY, //JI~~
(Seal)
Attest: DANNX 4 KOLHAGE, Clerk
~~--1~~~
.'ru 'AH;nO~) .30~NOW
'l'IH<J'.Il:1
" n'~ \~iNVO
APPROVEDAS TO""
AND LEGAL SUFF~ftCK
~'hJ..~
Attorn . QIII:e
BY
ZZ: l d 9- NVr 69.
mW:).jQ .:iGj 0311..:l
FLORIDA DEPARTMENT OF NATURAL RESOURCES
C ~tjb &'/
(DNR Contract Number)
LAND AND CONSERVATION FUND PROGRAM
ACQUISITION PROJECT AGREEMENT
12-00291
(LWCF Project Number)
This Project Agreement entered into on this
day
of
, 19__, by and between the Florida Department of
Natural Resources, (hereinafter referred to as "Department"), and
Monroe County, (hereinafter referred to as "Project Sponsor"),
in furtherance of an approved outdoor recreation Project. In
consideration of the mutual covenants contained herein, the
Department and Project Sponsor do hereby agree as follows:
1. This Agreement shall be performed pursuant to Chapter
16D-5, Part V, Florida Administrative Code, as amended,
(hereinafter referred to as "Rule"), the Land and Water
Conservation Fund (LWCF) Act of 1965, 78 Stat. 897 (1964), as
amended, (hereinafter referred to as "Program" ), and in
accordance with the general provisions for such Agreements
prescribed by the United States Department of the Interior (USDI)
in the LWCF Grants Manual, (hereinafter referred to as "Manual").
The Project Sponsor agrees to become familiar with all
provisions and comply with the Rule, which is incorporated into
this 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 Agreement as set forth in
the Manual to the extent that said Manual is not inconsistent with
the Rule. No construction shall be contrary to the requirements
of the Acts of Congress or of the regulations of the Secretary of
the Interior. Any difference of opinion which may not be resolved
Page 1 of 9
DNR 42-020
Revised 9/15/88
-...",;;-:-~................ ~.- -~-~....~
by provisions of such Acts of Congress and the interpretations
or regulations of the Secretary of the Interior or of the USDI
shall be resolved between the parties by negotiation. By
acceptance of the grant, the Project Sponsor agrees to comply
with the requirements of Title VI of the Civil Rights Act of
1964 and Section 504 of the Rehabilitation Act of 1973, as
amended. The Project Sponsor 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 Section 163.01, F.
S., shall have application to this Agreement.
2. The Department has found that outdoor recreation is the
primary purpose of the Project known as Big Pine Key Outdoor
Recreation Area (LWCF Project number 12-00291), and enters into
this Agreement with the Project Sponsor for acquisition of that
real property, the legal description of which is set forth in
Exhibit A.
3. The Project Sponsor shall complete acquisition of the
Project site by December 31, 1989. All Project close-out
documentation shall be submitted to the Department prior to
release of Program funds purst.
to requirements of the Rule.
4. Within three (3) -
~s following the date of final
Project reimbursement, t' roject Sponsor will construct, or
cause the constructj _, certain outdoor recreation facilities
and improvement~ the acquired real property, which
facilities s~ ~e designed and constructed substantially in
accordanc~ 1 the conceptual site development plan and the
recref ~nd support facilities described in the Project
appl.i_'-4..:ion, which is incorporated into this Agreement by
_....~rence, as if fully set forth herein.
Upon completion of
development, the Project Sponsor shall provide to the Department
an as-built plan for the Project site along with a list
identifying the number and types of recreation and support
Page 2 of 9
DNR 42-020
Revised 9/15/88
---- -,--.----.-
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facilties constructed and improvements made. Any and all
utility lines installed within the park shall be placed
underground. In the event the Project Sponsor fails to complete
development of the subject property in the manner described in
this Agreement on or before the date specified herein, the
Project Sponsor agrees that upon demand it will return to the
Department the total Program contribution including applicable
interest.
5. Execution of this Agreement does not relieve the Project
Sponsor of the responsibility to comply with all applicable
federal, state, county, or municipal laws, ordinances or rules nor
is the Project Sponsor 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.
6. Upon completion of Project acquisition, the Department
shall transfer, on a reimbursement basis to the Project Sponsor,
such eligible Program funds not to exceed $31,495.75, which will
pay said Program's share of the cc
limits are based upon the follr
Jf the Project. Program fund
J .
Total Project Co~
Sponsor 11"
$ 62,991.50
$ 31,495.75
$ 31,495.75
Program AmOUI"J
Type
~ch
Cash
Program funr-
1 be released at the discretion of the Department,
upon thp ~~est of the Project Sponsor's duly authorized Liaison
Ager The Project reimbursement request shall include all
_Jmentation required by the Department for a proper preaudit and
postaudit review. The Department's Contract Manager shall, within
sixty (60) days after receipt of the payment request, review the
submitted documentation and, if complete pursuant t~ requirements
of the Agreement, approve the request for payment.
Page 3 of 9
DNR 42-020
Revised 9/15/88
I
~~-----_.-
7. The Project Sponsor agrees to adhere to the
Department's Grant and Contract Accountability Policy, Chapter
16A-ll, Florida Administrative Code, (hereinafter referred to as
"Accountability Policy"), incorporated into this 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 Project Sponsor 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 Project Sponsor shall retain ~ll 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 shall be retained by the Project Sponsor 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.
8. This Agreement may be canceled by the Department without
prior notice for refusal by the Project Sponsor to allow
public access to all documents, papers, letters, or other
material made or received by the Project Sponsor in conjunction
with the Agreement, subject to the provision of Chapter 119,
Florida Statutes.
9. If the Project Sponsor has been granted a Waiver of
Retroactivity and all applicable Manual requirements have been
satisfied, the full Program amount may be reimbursed upon
completion of the Project if such costs are identified in
Paragraph 10 herein as eligible costs incurred prior to
execution of the Agreement.
Page 4 of 9
DNR 42-020
Revised 9/15/88
10. The Department and the Project Sponsor 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 $31,495.75, for:
Acquisition of the real property described in Exhibit A.
11. Competitive open bidding and purchasing for the future
construction of any Project site facilities or improvements
shall comply with all applicable law.
12. All moneys expended by the Project Sponsor for the
purposes contained herein shall be subject to preaudit review
and approval by the Comptroller of Florida in accordance with
Section 17.03, Florida Statutes. Supporting documentation for
expenditures shall be provided by the Project Sponsor in
accordance with the Accountability Policy.
13. 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.
14. Following receipt of an audit report identifying any
refund due the Department for non-compliance by the Project
Sponsor with said Agreement, the Project Sponsor 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 project Sponsor, will inform the
Project Sponsor of any refund due the Department.
15. The Department shall have the right to demand a refund,
either in whole or part, of the funds provided to the Project
Sponsor for noncompliance with the terms of this Agreement and
the Project Sponsor upon notification from the Department
agrees to refund and will forthwith pay directly to the
Department the amount of money demanded including applicable
interest.
Page 5 of 9
DNR 42-020
Revised 9/15/88
16. 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
Project Sponsor under terms of the Agreement, the Project
Sponsor, upon notification from the Department, agrees to refund
and will forthwith repay directly to the Department the amount
of money demanded.
17. The State of Florida's performance and obligation to
pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
18. Richard A. Halvorsen, Grants Specialist, or successor,
hereby designated as the Department's Contract Manager for the
purpose of this Agreement, shall be responsible for ensuring
performance of its terms and conditions and shall approve any
reimbursement request prior to payment. The Project Sponsor's
Liaison Agent shall act on behalf of the Project Sponsor
relative to the provisions of the Agreement and shall submit
signed quarterly Project status reports on a calendar basis
summarizing acquisition negotiations to date, percentage of
development described in Paragraph 4 herein completed, problems
encountered and other pertinent information. Photographs
shall be submitted with status reports, when appropriate, to
reflect construction work accomplished.
19. By acceptance of the provisions of this Agreement, the
Project Sponsor does hereby dedicate the Project site and all
land within the Project boundaries described in Exhibit A, to
the public in perpetuity as an outdoor recreation area available
to the general public for recreation purposes only. The Project
Sponsor further agrees that the execution of this Agreement by
the Department shall constitute an acceptance of said dedication
on behalf of the general public of the State.
Page 6 of 9
DNR 42-020
Revised 9/15/88
20. The Project Sponsor agrees to operate and maintain the
Project site in perpetuity and to operate and maintain the
recreational facilities developed thereon at its own expense for
a minimum period of twenty-five (25) years or the life of the
facilities, whichever is greater, from the date of their
completion. The Project site and facilities shall be open for
public use, maintained in accordance with applicable health and
safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Project
Sponsor covenants that it has full legal authority and financial
ability to develop, operate and maintain all Project site
facilities and improvements as specified within the terms of this
Agreement.
21. The Project Sponsor 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 Department and USDI
pursuant to Section 6(f}(3) of th0 - ~F Act. If a conversion
is approved, the Project Spons .grees to provide at its sole
expense, without further co Dution from the Program,
replacement property of ~ or greater value, quality, size
and utility to that ~..' was converted for other purposes.
This replacement be in close proximity to the property
converted and
with Department and USDI approval. In lieu
of such repl< ,~ment, the Project Sponsor shall return to the
Departmentche entire Program contribution w!a any interest
required by the USDI.
22. Should the Project Sponsor elect ~ implement a user
fee system for the Project site or for recreational
facilities within its boundaries, the oject Sponsor shall
impose such fees uniformly upon al~ Jers without regard to
age, sex, race, other condition the political subdivision in
which the user may reside. I~ Jquested by the Project Sponsor
and authorized by the Depar ,nt, special allowances may be made
for certain classes or g~ ~s of users.
Page 7 of 9
DNR 42-020
Revised 9/15/88
23. The Project Sponsor agrees to provide the Department
with annual attendance reports.
24. The project Sponsor shall save and hold harmless and
indemnify the State of Florida against any and all liability,
claims, judgements or costs of whatsoever kind and nature for
injury to or death of any person or persons and for loss or
damage to any property resulting from the use, service,
operation or performance of work under the terms of this
Agreement, resulting in whole or in part from the negligent acts
or omissions of the Project Sponsor, his contractors, or any of
the employees, agents or representatives of the Project Sponsor
or contractors to the extent allowed by law, while executing
obligations contained herein to acquire, construct, operate and
maintain the Project site and facilities.
25. If the Project Sponsor is subject to the provisions of
Office of Management and Budget (OMB) Circular iA-128, then the
Project Sponsor 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.
26. If through any cause the Project Sponsor should fail to
fulfill in a timely manner the obligations under this Agreement
or if the Project Sponsor shoulr _olate any of the covenants,
agreements or stipulations or
.LS Agreement, the Department
shall thereafter have t~'
Jnt to terminate this Agreement
without prior notice. ~ll the event the Department so terminates
this Agreement for such violation, the Department is not
required to compensate the Project Sponsor for any expenses
incurred.
27. The Project Sponsor and Department mutually agree to the
following special terms and conditions incorporated as part of
this Agreement: Development of this site shall be limited to
appropriate and compatible passive outdoor recreation facilities
and uses with minimum impact to wetland areas, native flora and
faunna, and key deer habitat.
Page 8 of 9
DNR 42-020
Revised 9/15/88
28. This Agreement has been delivered in the State of Florida
and shall be construed in accordance with the laws of Florida.
Any action hereon or in connection herewith shall be brought in
Leon County, Florida.
IN WITNESS WHEREOF, the parties have caused these presents to
be duly executed, the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Attest:
By:
Ney C. Landrum, Director
Division of Recreation and Parks
State Liaison Officer
(Its Agent for this Purpose)
MONROE COUNTY
I
V Attest:
i
i .
'/ By :
Name:
TITLE:
(Its Agent for this Purpose)
DATE:
inistrator
Approved as to Form and Legality:
~/~~
Department At~ rne
U\}~I:)' A-/
Project onsor Attorney
Page 9 of 9
DNR 42-020
Revised 9/15/88
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