Resolution 437-1989
RESOLUTION NO. 437-1989
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, ACCEPTING A GRANT FROM
THE FLORIDA DEPARTMENT OF NATURAL RESOURCES UNDER
THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT IN FURTHERANCE THEREOF.
WHEREAS, by Resolution 542-1988, the Board of County
Commissioners of Monroe County, Florida, authorized the
submission of a grant application to the Florida Department
of
Natural
Resources
under
the
Florida
Recreation
Development Assistance Program (FRDAP) seeking $120,000 for
the development of an outdoor recreation area on Big Pine
Key, and pledging $60,000 in matching funds, and
WHEREAS, the Florida Department of Natural Resources
has issued contract C-5976,
awarding $120,000 to Monroe
County for the said recreation project, and
WHEREAS, the said project will provide a new and unique
recreational facility for both residents and visitors alike,
now, therefore,
BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, that the grant is hereby accepted
and the Mayor is authorized to execute the said contract.
:] 30tlNOW
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PASSED AND ADOPTED by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting of said
Board he ld on the t:I L~+
day of July , A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
/l/!~~
.?tlJ:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
--L2L~ ~&~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
~
By fZ;&~-r'l;; ~ .! / .,"__
Attorney's Office ....
(} -S97 ~
(DNR Contract umber)
FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Agreement - Development
F88-096
(Project Number)
This Project Agreement made and entered into this
day of
, 19___, by and between the State of Florida,
Department of Natural Resources, hereinafter called the DEPARTMENT,
and, Monroe County, hereinafter called the PROJECT SPONSOR, in
furtherance of an approved outdoor recreation project. In
consideration of the mutual covenants contained herein the parties
hereto agree as follows:
1. This Project Agreement shall be performed pursuant
to Sections 370.023, 375.021(3) and 375.075, Florida Statutes,
and Chapter 16D-5, Part V, Florida Administrative Code,
hereinafter called the RULE. The PROJECT SPONSOR shall comply
with all provisions of the RULE, which is incorporated into this
Project Agreement by reference, as if fully set forth herein.
Disputes concerning the interpretation or application of this
Project Agreement shall be resolved by the DEPARTMENT whose
decision shall be final and binding on the PROJECT SPONSOR. The
DEPARTMENT may cancel this Project Agreement for failure by the
PROJECT SPONSOR to perform pursuant to the terms and conditions
of this Project Agreement. It is the intent of the DEPARTMENT
and PROJECT SPONSOR that none of the provisions of Section
163.01, Florida Statutes, shall have application to this Project
Agreement.
2. The DEPARTMENT has found that outdoor recreation
is the primary purpose of the Project known as Big Pine Key
(Florida Recreation Development Assistance Program, Project
Number F88-096), and enters into this Project Agreement with the
PROJECT SPONSOR for construction of outdoor recreation facilities
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and improvements on real property, the legal description of which
is set forth in full in the Project Application and incorporated
into this Project Agreement by reference, as if fully set forth
herein.
3. The PROJECT SPONSOR will construct, or cause to be
constructed, certain outdoor recreation facilities and improvements
in accordance with the following Project elements which may be
modified with good cause by the DEPARTMENT: Nature and hiking
trails; picnic area; nature observation areas; restrooms; parking
and related support facilities and improvements.
4. The DEPARTMENT shall pay, on a reimbursement basis,
to the PROJECT SPONSOR funds, not to exceed $120,000.00, which
will pay the DEPARTMENT'S share of the cost of the Project.
DEPARTMENT fund limits are based upon the following:
PROJECT SPONSOR Match $
60,000.00
Matching
Basis
( 2/3 )
( 1/3 )
DEPARTMENT Amount
$ 120,000.00
Type of Match Cash and/or In-Kind Services
The Contract Manager shall, within sixty (60) days after receipt
of a payment request, review the work accomplished to date on the
Project and, if in order, approve the request for payment. The
DEPARTMENT shall retain $12,000.00 of the entire Project amount
until completion of the Project.
5. The PROJECT SPONSOR 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 Project Agreement by reference
as if fully set forth herein. The PROJECT SPONSOR shall ensure
that all purchases of goods and services for accomplishment of
the Project shall be secured in accordance with the provisions of
Chapter 287, Part I, Florida Statutes. Expenses representing the
Project cost including required matching contribution, shall be
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DNR 42-058
Revised 5-18-89
leported 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 PROJECT SPONSOR
in accounting for grant funds disbursed under the Project and sets
forth principles for determining eligible costs, supporting
documentation and minimum reporting requirements. The PROJECT
SPONSOR shall retain all records supporting Project costs for three
(3) years after the fiscal year in which the final Project payment
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 PROJECT SPONSOR
records for said Project.
6 . 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 expe~diture made prior to
the execution of this Project Agreement with the exception of
$None for: None.
7. The PROJECT SPONSOR shall complete all Project
construction within eighteen (18) months of the execution date of
this Project Agreement.
8. Rosie Keween, Grants Specialist or successor, is
hereby designated the DEPARTMENT'S Contract Manager for the purpose
of this Project Agreement and shall be responsible for ensuring
perfomance of its terms and conditions and shall approve all
reimbursement requests prior to payment. The PROJECT SPONSOR's
Liaison Agent, as identified in the Project Application, shall act
on behalf of the PROJECT SPONSOR relative to the provisions of
the Project Agreement. The PROJECT SPONSOR'S Liaison Agent
shall submit to the DEPARTMENT signed Project status reports
every ninty (90) days summarizing the work accomplished, problems
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DNR 42-058
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'encountered, percentage of completion and other appropriate
information. Photographs shall be submitted when appropriate to
reflect the construction work accomplished.
9. All monies expended by the PROJECT SPONSOR 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.
10. The PROJECT SPONSOR agrees to save and hold harmless
the DEPARTMENT, its officers, agents and employees from any and
all liabilities, claims, actions, damages, awards and judgements,
to the extent allowed by law, arising from the PROJECT SPONSOR'S
obligations contained herein to construct, operate and maintain
the Project.
11. The DEPARTMENT reserves the right to inspect said
Project and any and all records related thereto at any time.
12. This Project Agreement may be unilaterally cancelled
by the DEPARTMENT in the event the PROJECT SPONSOR refuses to
allow public access to all documents, papers, letters or other
materials made or received in conjunction with the Project
Agreement pursuant to the provisions of Chapter 119, Florida
Statutes.
13. Following receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-compliance by the
PROJECT SPONSOR with said Project Agreement, the PROJECT SPONSOR
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 PROJECT SPONSOR, will inform the
PROJECT SPONSOR of any reimbursement due the DEPARTMENT.
14. The DEPARTMENT shall have the right to demand a
refund, either in whole or part, of the funds provided to the
PROJECT SPONSOR, for non-compliance with the terms of the Project
Agreement, and the PROJECT SPONSOR upon notification from the
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DNR 42-058
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'DEPARTMENT, agrees to refund, and will forthwith pay, the amount
of money demanded--which payment shall be made directly to the
DEPAR'rMENT. Such refund shall include interest as specified in the
Rule.
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. Reimbursement of eligible travel expenses shall be
subject to the requirements of Section 112.061, Florida Statutes.
17. Allowable indirect costs shall not exceed 15% of
the PROJECT SPONSOR's eligible wages and salaries. Indirect costs
that exceed 15% must be approved in advance by the DEPARTMENT to
be considered eligible Project expenses.
18. 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 PROJECT SPONSOR must specify thickness of asphalt and
square yards to be paved.
19. 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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I} NESS WHEREOF, the parties hereto have sed these
pr~sents to be duly executed on the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
MONROE COUNTY
By:
By:
Joseph F. Knoll, Acting Director
Division of Recreation and Parks
Type Name:
Title:
Attest:
Attest:
~ ~~<~~
DNR Contract Manager
c;:,'iA1~J~ ~iP
DNR Co tract Adrn1nistrator
Approved as to
Form and Legality:
~~../~~--~
Department Att rney
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