Resolution 055-1992
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RESOLUTION NO. 055 -1992
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A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE EXECUTION OF
A DEPARTMENT OF NATURAL RESOURCES LAND AND
WATER CONSERVATION FUND GRANT AGREEMENT FOR
THE ACQUISITION OF PROPERTY ON STOCK ISLAND
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WHEREAS, by Resolution No. 672-1990, executed December
19, 1990, the Monroe County Board of Commissioners
authorized the submission of a grant application to the
Department of Natural Resources Land and Water Conservation
Fund Program (LWCF); and
WHEREAS, the grant application requested $100,000.00 in
funds with a 50% match requirement to purchase property on
Stock Island for active recreational purposes; and
WHEREAS, the Department of Natural Resources has
awarded Monroe County these funds as specified in LWCF Grant
No. 12-00319; 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 agreement by and between
the Department of Natural Resources and Monroe County for
the implementation of the Land and Water Conservation Fund
program.
PASSED AND ADOPTED by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting of said
Board held on the 8th day of January, A.D. 1992.
Mayor Harvey
Mayor ProTem London
Commissioner Jones
Commissioner Cheal
Commisssioner Stormont
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
~1 IWUlAGE, Clerk ~~: ~1l!l.~ffi.R."'lt-"\\~ ....~
(Seal) ~
Attest: . 1'JJ.,C
C e '
_AS"'''U
~LEaAL SUFF1CIENC
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FLORIDA DEPARTMENT OF NATURAL RESOURCES
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(DNR Contract Number)
LAND AND WATER CONSERVATION FUND PROGRAM
FISCAL YEAR 1990-1991
ACQUISITION PROJECT GRANT AGREEMENT
12-00319
(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 "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;
NOWTHEREFORE, 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 referred 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 the general provisions for such agreements
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prescribed by the united states Department of the Interior
(hereinafter 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,
which is incorporated into this Project Agreement by reference,
as if fully set forth herein. In the event a dispute should
arise between the parties concerning ~he 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 1989; 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
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Defense Appropriations Act, which requires inclusion of the
Federal Funding amount and the percentage of the total project
that amount represents in all public notice and documents
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 Stock Island Park, LWCF
Project number 12-00319, (hereinafter referred to as "Project"),
and enters into this Project Agreement with the Grantee for
acquisition of that real property, the legal description of which
is set forth in Exhibit A.
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, DNR form 42-008.
5. The Grantee shall complete acquisition of the
Project site within twelve (12) months of the execution date of
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this Project Agreement.
6. within thirty (30) days of completion of the Project and
prior to release of the final payment, the Grantee shall submit
for Department staff approval the documentation described in the
Land and Water Conservation Fund Program Required Project
Completion Documentation Form, DNR Form 42-071.
7. within thre~ (3) years following the date of final
Project reimbursement, the Grantee will construct, or cause the
construction of, certain outdoor recreation facilities and
improvements upon the real property acquired through the
Project. These facilities shall be designed and constructed
substantially in accordance with the conceptual site development
plan and the recreation and support facilities described in the
Project application. The Project application is incorporated
into this Project Agreement by reference as if fully set forth
herein. 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
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underground. Upon completion of development, the Grantee 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 facilities constructed and improvements made.
8. In the event the Grantee fails to comply with the terms
of this Project Agreement or fails to complete development of the
subject property in the manner described in this Project
Agreement on or before the date specified herein, the Grantee
agrees that upon demand it shall return to the Department an
amount equal to the current appraised value of the Project site
and all improvements thereon or provide a replacement project, at
the discretion of the USDI.
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. Upon completion of Project acquisition and
determination by the Department that the Grantee has fulfilled
all obligations under this Project Agreement, the Department
shall transfer, on a reimbursement basis to the Grantee, such
eligible Program funds not to exceed $100,000.00, which will pay
said Program's share. of the cost of the Project. Program fund
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limits are based upon the following:
Total Program Amount
$100,000.00
Indirect Cost (Chapter 215.195,
Florida statutes)
Rate/Amount 1.81% $ 1,810.00
Total Sponsor Amount
$ 98,190.00
Sponsor Match Amount
$ 98,190.00
Total Project Cost
$196,380.00
Type of Match: Cash
Program funds may be released at the discretion of the
Department, upon the request of the Grantee's duly authorized
Liaison Agent. The Project reimbursement request 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 request, review the submitted documentation and, if
complete pursuant to requirements of this Project Agreement,
approve the request for payment. Reimbursement under this
Project Agreement does not include travel; however, any
reimbursement for travel shall be submitted in accordance with
section 112.061, Florida Statutes.
11. If the Grantee has been granted a waiver of
retroactivity and/or all applicable Rule requirements have been
satisfied, the full Program amount may be reimbursed upon
completion of the Project if such costs are identified in
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Paragraph 12 herein as eligible costs incurred prior to
execution of this Project Agreement.
12. 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
$98,190.00, for: Acquisition of the Project site.
13. 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
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
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period. The Department and other authorized governmental
agencies shall have the right to audit such records throughout
the retention period described above.
14. This Project Agreement may be canceled 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.
15. The state of Florida's performance and obligation to
pay under this Project Agreement is contingent upon an annual
appropriation by the Legislature.
16. Competitive open bidding and purchasing for the
construction of any Project site facilities or improvements
shall comply with all applicable laws and the Manual.
17. This Project Agreement strictly prohibits the
expenditure of Program funds for the purpose of lobbying the
Legislature or a state agency. All moneys expended by the
Grantee for the purposes contained herein shall be subject to
pre-audit 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 Grantee
in accordance with the Accountability Policy.
18. The Department and USDI shall have the right, through
its agents, servants, and employees designated for that purpose,
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to inspect the site of the Project and the facilities thereon at
any reasonable time.
19. Following receipt of an audit report identifying any
refund due the Department for non-compliance 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.
20. 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 and the
Grantee, upon notification from the Department, agrees to refund
and will forthwith pay directly to the Department the amount of
money demanded or provide a replacement Project, at the
discretion of the USDI.
21. If the united Statesy 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 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.
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22. Marsha A. Byrd, Community Assistance Consultant, or
successor, hereby designated as Department Contract Manager for
the purpose of this Project Agreement, shall be responsible for
ensuring performance of its terms and conditions and shall
approve any reimbursement request prior to payment. The
Grantee's Liaison Agent shall act on behalf of the Grantee
relative to the provisions of this Project Agreement and shall
submit to the Department signed quarterly Project status reports,
on a calendar basis, summarizing acquisition negotiations to
date, problems encountered and other pertinent information.
Following acquisition of the Project site, the Grantee shall
submit upon the Department's request, up to a quarterly basis,
signed Project development status reports. Development status
reports shall summarize all major stages including design,
permitting, bidding and the percentage of development described
in Paragraph 7 herein completed. Photographs shall be submitted
with status reports, when appropriate, to reflect construction
work accomplished.
23. By acceptance of the provisions of this Project
Agreement the Grantee 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 Grantee
further agrees that the execution of this Project Agreement by
the Department shall constitute an acceptance of said dedication
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on behalf of the general public of the state of Florida.
24. The Grantee agrees to operate and maintain the Project
site in perpetuity and to operate and maintain Project related
facilities developed thereon at its own expense for a minimum
period of twenty-five (25) years or the expected life of the
facilities, whichever is greater, from the date construction was
complete. The Project site, Project related facilities and any
future recreation facilities developed on the Project site shall
be open to the general public for recreation 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 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 7 herein.
25. The Grantee shall not, for any reason, convert all or
any portion of the Project site for any purpose other than
outdoor recreation without prior approval of the Department and
USDI pursuant to Section 6(f) (3) of the LWCF Act. If a
conversion is approved, the Grantee agrees to provide at its sole
expense, without further contribution from the Program,
replacement property and facilities of equal or greater value,
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quality and utility to the property which was converted to other
purposes. This replacement should be in close proximity to the
property converted and must meet with Department and USDI
approval. At the discretion of the USDI, in lieu of such
replacement, the Grantee shall return to the Department an amount
equal to the current appraised value of the Project site and all
improvements thereon: Said refund may be used, at the discretion
of the USDI, to provide a replacement project, of the type and
sate-wide location selected by the Department.
26. 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 Project Agreement. Reasonable differences in
admission fees may be maintained on the basis of residence, in
accordance with provisions of the Manual.
27. The Grantee 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 Project
Agreement, resulting from the negligent acts of the Grantee, its
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contractors, or any of the employees, agents or representatives
of the Grantee or its contractors to the extent allowed by law,
while executing obligations contained herein to acquire,
construct, operate and maintain the Project site and facilities.
In the event hazardous materials are found on the Project site,
the Grantee agrees to remove and clean up the Project site at its
sole expense, without.further contribution from the Program.
28. 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 amount exceeds $100,000.00, have a project-
specific audit performed in accordance with the rules of the
Auditor General promulgated pursuant t~ s. 11.45;
(b) If the amount exceeds $25,000.00, but does not exceed
$100,000.00, have a Project-specific audit performed in
accordance with the rules of the Auditor General promulgated
pursuant to s. 11.45 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 amount does 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.
29. If the Grantee is subject to the provisions of Office
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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
in a timely manner the obligations under this Project Agreement
or if the Grantee shoald 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
this Project Agreement for such violation, the Department is not
required to compensate the Grantee for any expenses incurred.
31. The Grantee and Department mutually agree to the
following special terms and conditions incorporated as part
of this Project Agreement: None.
32. This project 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.
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.
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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
By:
Fran P. Mainella, Director
Division of Recreation and Parks
and State Liaison Officer
?J:/0Mhl ) tI. ~d)
DN Contract M~a r
Approved as to
Form and Legality:
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DNR 42-020
Revised 10/1/91
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MONROE COUNTY
By:
Type Name:
Title:
Address:
5825 Junior College Road
Key West, Florida 33040
Approved as to
Form and Legality:
Grantee Attorney
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