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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 GUV LOT 6 SEC 10-31-39 LVING E OF E R/N LINE OF SR ASA TOGETHER hITM A PARCEL OF i LAND BEING A PER OF GCV LOT 6 OESC AS# BEG AT INTERSECTION OF NCRTHERN BDV OF GOV LOT 6 9 h R/h LINE OF SR AIA, TM SELY 679.38 FT ALONG :AIC R/h, TM it 439.57 FT TO INIERSECTION CF NESTERS SOY OF GOV L01 6, TM E 133.54 FT TO POe (OR SK 667 PP 814) BONY LINE OF R/h OF bhY AIA, TM RUN NNLY ALONG E eCRV OF R/h OF AI-A TO P.0.0 ITHAT PART OF GOV LOT 6 bEC 10-31-39 LYING i OF SR IIA R/h, 'LESS FOLL PARCELl L BEG At INTERSECTION OF NCRTMERN BUY OF GOV LOT 6 i N FIN LINE OF SR ASA, TH SELY 679.38 FT ALONG $SIC R/h, TM h 439.S7 FT TO INTERSECTION OF hESTERN BDY - OF GOV LOT 6, TM N ALONG SAID eDY 6OS,O FT TO Nh COR OF GOV LCT 6, TM E 133.54 FT TO POR Noe N 100 F1 (MEASLREO ON A N-3 LINES LYING E OF E R/M OF SR AIA CF GOV LOT 11 SEC Damn !- 10-31-39 (OR OR 724 Po 682) cm l h 140 FT OF THAT ttRTAIN PARCEL OESC AS Emm N 1/2 OF LOT 11, LESS N 100 FT t LESS 100 FT MAY R/N AS IN R 89 41 PP 18S LLSS NABASSO ESTATES Pel 11-SS LOT 2 1,0 Y A 1 C� I y n h i Y n 2� Yyi Et< ~y m •9 2m m= Uf " nA O O 01. =u H LO - O ^m `O Ym O 00 O i (> G Eq IM \ (o wfH 6g y ca E� 4Th P `i lC. 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