Loading...
HomeMy WebLinkAbout1992-00512-30-91(rip-fb1p)PND(T08rt)ree RESOLUTION NO. 92-5 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE ACCEPTANCE AND EXECUTION OF RECORDVERIFIED FLORIDA BOATING IMPROVEMENT PROGRAM (FBIP JEFFREY K. BARTON 4LERK CIRCUIT COURT DEVELOPMENT PROJECT GRANT AGREEMENT INDIAN RIVER CO.. FLA FOR FBIP PROJECT NO. B91053 WHEREAS, the Board of County Commissioners of Indian River County, Florida accepts the conditions of the FBIP Development Project Grant Agreement and enters into Contract No. C-7483 with the Florida Department of Natural Resources for Round Island Park Improvements. WHEREAS, the total project cost will be greater than $280,000 to be comprised of ;150,000 to be contributed by The W Department of Natural Resources Florida Boating Improvement V— ao Program (FBIP) and a minimum of $130,000 to be contributed by the -*N Florida Inland Navigation District; and G� U v+'° us LL WHEREAS, said Board of County Commissioners of Indian River U Lo 22" 4 County, Florida, does retain jurisdictional control, and maintain -twen said park and facilities; and ci Q V WHEREAS, Indian River County agrees that when completed, the project site shall be dedicated for the public use for a minimum period of twenty-five (25) years. U WHEREAS, continued maintenance of proposed improvements to this public 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 Commissioners' intent to accept the conditions of and enter into Contract No. C-7483 to which this Resolution will be attached; The foregoing resolution was offered by Commissioner Wheeler and seconded by Commissioner Bowman , and, being put to a vote, the vote was as follows: 0 Chairman Carolyn K. Eggert Aye o Vice Chairman Margaret C. Bowman Aye �D tV Commissioner Gary C. Wheeler Aye tV Commissioner Richard N. Bird ro Aye Commissioner Don C. Scurlock, Jr -Aye No 1 ATTEST: lHisk Mgr. ,C . INDIAN RIVER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Carolyn Eggert,rman SPATE OF FLORIDA, C=M OF INDIAN RIVER Before me appeared Carolyn K. Eggert, as Chairman of the Board of County Commission and Jeffrey K. Barton as Clerk of Circuit Court to me well known and known to me to be the persons described in and who executed the foregoing instrument and they acknowledged before me they were same./and did take an oath. Witness my hand and official seal this _ day of 1992. Jc�-LttieL�ct�i-q�9 1-(,C' Notary Public SEAL PATRM:U BARGO MELD Notary Public, Stale of Fkdds MY COMM.expWas August 26, 1110 No. AA 695578 2 STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT GRANT AGREEMENT Contract No. This Agreement is entered into this day of 19 , between the State of Florida, Department of Natural Resources, hereinafter referred to as the DEPARTMENT, and Indian River County, hereinafter referred to as the COUNTY, in pursuance of a project approved under the Florida Boating Improvement Program (Program). 1. This Agreement shall be performed in accordance with Sections 370.021(1), 327.25(12), and 327.28, Florida Statutes, and Chapters 16A-11 and 16D-5, Part III, Florida Administrative Code, which are hereby incorporated by reference as if fully set forth herein. 2. The COUNTY agrees to construct the project known as Round Island Park Improvements (FBIP Project No. B91053), in accordance with the plans and specifications prepared by, or under the supervision and review of, a registered professional architect, engineer or other appropriate professional. These elements are identified in the project application which is made a part of this Agreement by reference: construct boat ramp and dock; access road and parking; restrooms; and utilities. o 3. This Agreement shall become effective upon execution by aS� the DEPARTMENT. The COUNTY agrees to complete the project on or IV before one year from the effective date. -o IV Page 1 of 7 C) Ud i 4. The DEPARTMENT agrees to obligate and make available to the COUNTY the approved project amount of $150,000.00 for the project authorized by this Agreement. The DEPARTMENT will release the funds on a reimbursement basis. The DEPARTMENT and COUNTY understand and agree that there shall be no reimbursement of funds by the DEPARTMENT for any expenditure made prior to the execution of the Agreement with the exception of $0 for the following expenditures: N/A S. Bill Keenan, Grants Specialist or his successor, designated as the DEPARTMENT'S Project Manager for the purpose of this Agreement, is responsible for ensuring performance of its terms and conditions and shall approve all payment requests prior to payment. The COUNTY shall submit to the DEPARTMENT signed quarterly project status reports on a calendar basis summarizing work accomplished, problems encountered, percentage of completion, and other appropriate information. Photographs shall be submitted when appropriate to reflect work accomplished. 6. The DEPARTMENT'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 7. The COUNTY agrees to save and hold harmless the DEPARTMENT, its officers, agents, and employees from any and all liabilities, claims, actions, damages, awards and judgments to the extent allowed by law, arising from the COUNTY'S obligations CD contained herein to construct, operate and maintain the project. 40 N 8. Upon project completion, the engineer, architect orNv other appropriate professional shall sign a statement certifying N CJ Ln O Page 2 of 7 satisfactory completion of the project in accordance with the prepared plans and specifications. 9. Asphalt paving shall conform with the Florida Department of Transportation's specifications for road and bridge construc- tion. Bid specifications, contracts, and/or purchase orders must specify thickness of asphalt and square yards to be paved. 10. Eligible and ineligible project costs are establihhed in Chapters 16A-11 and 16D-5, Part III, Florida Administrative Code. The COUNTY shall submit payment requests and expenditure documentation to the DEPARTMENT in accordance with the DEPARTMENT's Grant and Contract Accountability Policy, Chapter 16A-11, Florida Administrative Code, said requests being in detail sufficient for a proper pre-audit and post-audit thereof. The Project 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 10% of the grant amount until completion of the project and all final project documentation has been submitted by the COUNTY and approved by the DEPARTMENT. 11. The COUNTY is responsible for obtaining all state and federal permits, licenses, agreements, leases, easements, etc., required for the project. 12. The COUNTY 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 or until O final resolution of matters resulting from any litigation, claim, N or audit that started prior to the expiration of the three-year 'o record retention period. c� N C:) Page 3 of 7 Ln •'13. 'The DEPARTMENT reserves the right to inspect the project as well as the right to audit any and all financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally cancelled by the DEPARTMENT should the COUNTY refuse to allow public access to all documents, papers, letters or other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 14. The COUNTY agrees that the project, when completed, shall be dedicated for public recreational uses. The dedication shall extend for a minimum of twenty-five (25) years and shall be recorded in the public property records. The COUNTY further agrees to return to the DEPARTMENT funds tendered for the project in the event the project becomes utilized for other than the purposes of the project during this period. 15. The COUNTY shall erect a permanent sign identifying the DEPARTMENT as a funding source of project construction. 16. No person, on the grounds of race, creed, color, national origin, age, sex, or handicap, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 17. This Agreement strictly prohibits the expenditure of FBIP funds for the purpose of lobbying the Legislature or a state agency. :moo O 18. An local � Y governmental entity, nonprofit organization, (*S or for-profit organization that is awarded funds from a grants G') -v and aids appropriation by a state agency shall: CD O Cil Page 4 of 7 N (a) If the amount exceeds $100,000, have a grant-specific audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45; (b) If the amount exceeds $25,000, but does not exceed $100,000, have a grant-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 the grant; or (c) If the amount does 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. 19. The DEPARTMENT shall have the right to terminate this Agreement and demand refund of Program funds for non-compliance with the terms and conditions of the Agreement. Failure to comply with the provisions shall result in the DEPARTMENT declaring the COUNTY ineligible for further participation in the Program until such time as the COUNTY complies with the terms. 20. If it becomes necessary for the DEPARTMENT to demand a refund of any or all funds tendered pursuant to this Agreement, the COUNTY agrees to return said funds to the DEPARTMENT within sixty (60) days after notification by the DEPARTMENT. If not returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for funding as to this or anyO 0 other program under the DEPARTMENT'S administration shall be lD N denied until the funds have been returned. N 'a c� N O CJ1 Page 5 of 7 W X21. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT, the COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the amount identified or to return the amount due. 22. 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. 23. The COUNTY and the DEPARTMENT mutually agree to the following special terms and conditions incorporated as part of this Agreement: N/A Page 6 of 7 0 Q 6-D N N -o N O CJI 'IN WITNESS WHEREOF, the parties hereto have caused these ,resents to be duly executed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES By: Fran P. MaCOUNTY of: INDIAN RIVER inella, Director Division of Recreatinn wnA vn,vQ D R Project Manager DNR Co ract Administrator Approved as to Form and Legality D R Attor y By: Carolyrd. Eggert, Chairman Title: Approved: 1-7-92 Address: 1840 25th Street Vero Beach, Florida 32960- 3394 COUNTY Attorney Page 7 of 7 tnnn neva Co Approved Dain /43/ y ' Admin. Legal Dept. Risk Mgr.