HomeMy WebLinkAbout1990-084RESOLUTION NO. 90-84
A RESOLUTION OF INDIAN RIVER COUN'T'Y, FLORIDA
APPROVING THE ACCEPTANCE AND EXECUTION OF
FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM PROJECT AGREEMENT NO. F89-099
WEBUiIMS, The Board of County Commissioners of Indian River
County, Florida intends to accept the conditions of and enter
into Project Development Agreement No. 89-099 with the State of
Florida, Department of Natural Resources for acceptance of a
grant from the Florida Recreation Development Assistance Program;
and
WHEREAS, the total project cost will be greater than
$180,000, to be comprised of $120,000 to be contributed by the
State and a minimum of $60,000 to be contributed in cash and
or/In-Kind Services by Indian River County for Phase I
construction of Treasure Shores Park; and
WHEREAS, said Board of County Commissioners of Indian River
County, Florida, does retain jurisdictional control, and maintain
said park and facilities; and
W115tEAS, Indian River County has committed the required
program matching contribution from the Tourist Tax District II
Fund to the proposed project which will remain available until
needed; and
WHEREAS, Indian River County has a physically and legally
responsible position to satisfactorily develop, operate and
maintain the project site in accordance with program required;
and
WHEREAS, continued maintenance and proposed improvements to
this public beach park facility will be in the interest of all
the citizens of Indian River County;
NOW THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, that this official document
does hereby certify the Board of County Commissioner's intent
to accept the conditions of and enter into Project Development
Agreement No. F89-099 to which this Resolution will be attached;
The foregoing resolution was offered by Commissioner Bird
and seconded by Commissioner Scurlock and, being put to a
vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Gary C. Wheeler Aye
7/1717
(DNR Contract Number)
FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Agreement - Development
F89-099
(Project Number)
Thin 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 Indian River 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 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
Page 1 of 7
and the 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 Treasure Shores Park
(Florida Recreation Development Assistance Program, Project
Number F89-099), hereinafter called the PROJECT, and enters into
this Project Agreement with the PROJECT SPONSOR 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 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:
dune walkover, bike/hike trail, picnic area, playground, restroom
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:
Page 2 of 7
Matching
Basis
DEPARTMENT Amount $120,000.00 (2/3)
PROJECT SPONSOR Match $ 60,000.00 (1/3)
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, iorida 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 costs, including required matching contribution, sha_! 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 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,
Page 3 of 7
Auditor General, State Comptroller and other relevant parties
shall have the right to inspect and audit the PROJECT SPONSOR'S
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 expenditure made
prior to the execution of this Project Agreement with the
exceptie),I of $0, 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 Agreemdnt and shall be responsible
for ensuring performance 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 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.
Page 4 of 7
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.
Page 5 of 7
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
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 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 indiredt 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. All development and physical alteration of the
property shall be completed in accordance with the current
management plan as approved by the Board of Trustees of the
Internal Improvement Trust Fund.
Page 6 of 7
20. 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. Any and all notices shall be
delivered to the parties at the addresses shown below.
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 NATURAL RESOURCES INDIAN RIVER COUNTY
By: By:
Fran P. Mainella, Director
Division of Recreation and Parks
Title: Ch firman
Address:
Bureau of Local Recreation Services/
Woodcrest
Mail Station 585
Division of Recreation and Parks
Department of Natural Resources
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
APPROVED: 7-17-90
IndLn glvp Ca Approved Date
Admin. .7
AddressC— 7- -
Budgel
Indian River O y 46
1840 25th St Mgr,
Vero Beach,
7%f X11— /zt..'—
DNR Contract Manager
DNR Co tract Administrator U Project Sponsor Attorney
Approved as to
Form and Legality:
J�( DNR 42-058
Department,Att rney Revised 5-14-90
Page 7 of 7
ss
LEGAL DESCRIPTION
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