HomeMy WebLinkAbout2000-186Telephone: (561) 567.6006
June 20, 2000
BOARD OF COUNTY COMMISSIONERS
1840 25th 'Slreel, Vera Brach, Florida 32960
Mr. Ryan A. Ruskay
Community Assistance Consultant
Bureau of Design and Recreation Services
Alfred B. Maclay State Gardens
3540 Thomasville Road, Building C
Tallahassee, FL 32308 J
Re: Harriet V. & Harry T. Moore
Little League Recreational Complex
FRDAP Project No. F99048
Dear Mr. Ruskay:
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Enclosed are two original amendments to transfer the responsibilities of the original
project agreement to Indian River County. As requested, these have been signed by
the Mayor of Fellsmere and the Chairman of the Indian River County Board of County
Commissioners.
Please return one original to the County after the amendment has been formally
executed by the Department of Environmental Protection, and we will forward a copy to
the City of Fellsmere.
Thank you for your assistance in this matter.
Yours very truly,
Reta Smith
Assistant to Executive Aide
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aM9948
jjJJ (DEP Contract Number)
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Amendment 1 to Agreement
This Amendment entered into on r fyL,
20 0C serves to amend portions of the original Agreement,
dated Janury 21, 1999 by and between the Department of
Environmental Protection, hereinafter referred to as
DEPARTMENT, and the City of Fellsmere, hereinafter referred
to as CITY, and the County of Indian River, hereinafter
referred to as GRAN'T'EE, for the approved recreational
project known as Fellsmere Little League Park, #M99048.
In and for the mutual covenants between them, the
DEPARTMENT, CITY, and GRANTEE agree that the following
amendment shall apply to the above referenced Agreement:
1. The parties agree that the COUNTY is hereafter
substituted for the CITY in all respects in the above -
referenced Agreement.
2, The CITY hereby relinquishes all rights and
responsibilities under the above -referenced Agreement.
3. The COUNTY hereby accepts all rights and
responsiblities under the above -reference Agreement.
In all other respects the Agreement of which this is an
Amendment and attachments relative thereto shall remain in
full force and effect.
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IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement on the day and year first above written.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMEN Al, PROTECTION
By: 7
D ector or Designee
Division of Recreation
Approved as to
Form and Legality:
S. B. Brantley 5/17%00
Department Attorney
CITY OF FELLSMERE
By: -
Title: Mayor
Address:
21 S. Cypress St.
Fellsmere, FL 32948--6714
BOARD OF COUN'T'Y COMMISSIONERS
INDIAN RIVER COUNTY
Title- C -AA 1 Al ANA PD
Approved 6/33/04
1840 25`h Street
Vero Beach, Florida 32960
GRANTEE Attorney
*If someone other than the Chairman signs the contract, a
resolution, statement or other document authorizing that
person to sign the contract on behalf of the county must
accompany the contract.
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FLOR A
Jeb Bush
Governor
Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commcnvvealth Boulevard
Tallahassee. Florida 32399-3000
June 29, 2000
David B. Struhs
Secretary
Mr. John Little
Administrative Assistant
City of Fellsmere
21 Cypress Street
Fellsmere, Florida 32948-5714
Re: City of Fellsmere Little League Park
FRDAP Project No. M99048
Dear Mr. Little:
Attached is the executed amendment, which provides for a completion date of January
22, 2001, for this project. This is the date by which all grant related construction must
be complete and all grant related expenses paid. The completion documentation must
be submitted to our office no later than thirty (30) days after project completion. As
soon as the documentation is received, we will arrange for a final inspection.
Thank you for your attention to this matter.
RRlbg
Enclosure
Ryan1A. Ruskay
Community A stance Consultant
[bureau of Design and Recreation Services
Division of Recreation and Parks
Mail Station #585
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leb Bush
Governor
ADDITIONAL ITEM 1313
Department of 6 -/3 _" -
Environmental Protection
Madory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
May 31, 2000
Mr. Jahn Little
City of Fellsmere
Administrative Assistant
21 South Cypress Street
Fellsmere, Florida 32948-0039 �.
Re: Harriet V. & Harry T. Little League Recreational Complex
FRDAP Project No. F99048
Dear Mr. Little:
tyb- 51�
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David B. Struhs
�Secretary)
Enclosed are two original amendments to transfer the responsibilities of the original
project agreement to Indian River County. Please execute and return both original copies of the
amendment no later than July 1, 2000. Both Indian River County and the City are required to
sign the amendments in order for the Department to make the transfer complete.
To expedite, please return by express snail service to:
Ryan A. Ruskay, Community Assistance Consultant
Bureau of Design and Recreation Services
Alfred B. Maclay State Gardens
3540 Thomasville Road, Building C
Tallahassee, Florida 32308
In signing the agreement, do not complete the blank spaces for the execution bate.
Gur staff will date the amendment when formally executed by the Department of Environmental
Protection andone original copy will be returned to you.
Your immediate attention to this matter is appreciated.
Ry 4uskay
mmunity Assist Consultant
Bureau of Design and Recreation Services
Division of Recreation and Parks
Mail Station #585
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Enclosures "Protm Conserea and Manage Fioddd'x Environment and Natural Resrwrces"
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Florida .House of Representatives
Charles W. Sembler 11
P.O. Ba\ 2.380
Represcotative, DiStriCL 80 721 77re Capirtrl
Vero Beach, FL 32961
402 Sonak Mwrrce Street
561•;78.5077
Tallahassee, FL 32399-1300
e5a-4S8-0952
May 26, 24tH)
Mr. Ryan Ruskay
Grants Program Manager
Department of Environmental Protection
Division of Recreation and Parks
Bureau of Design and recreation Services
3900 Commonwealth Boulevard, Mail Station 585
Tallahassee, FL 32399-3000
]dear Mr. Ruskay:
Please be advised that I am aware of and approve the proposal to amend the Grant Abreement for
the Old School Restoration Grant (M9948). This amendment will change the grantee from the
City of Felismere to Indian River County.' I understand that the intent of the appropriation
retrains unchanged, and that the delegation of responsibility to the county will greatly expedite
completion of this project.
If I may be of further assistance, please do not hesitate to contact me.
Sincerely,
Charles W. Sembler n
COMMITTEES. General Govemincrrl Alrprtrlrriat mrs, Chair . Frrvirtqutrerrtal Altiectiorr - Fiscal Rcsponslhilitp
Ciamell • GmeralAplrrtgrrialions • Repolated Srrvires
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M9948
(DEP Contract Number)
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
.Amendment 1 to Agreement
This Amendment entered into on
2000 , serves to amend portions of the original Agreement,
dated Janury 21, 1999 by and between the Department of
Environmental Protection, hereinafter referred to as
DEPARTMENT, and the City of Fellsmere, hereinafter referred
to .as CITY, and the County of Indian River, hereinafter
referred to as GRANTEE, for the approved recreational
project ]mown as Fellsmere Little League Park, #M99048.
In and for the mutual covenants between them, the
DEPARTMENT, CITY, and GILWTEE agree chat the following
amendment shall.apply to the above referenced Agreement:
1. The parties agree that the COUNTY is hereafter
substituted for the CITY in all respects in the above -
referenced Agreement.
2. The CITY hereby relinquishes all rights and
responsibilities under the above -referenced Agreement.
3. The COUNTY hereby accepts all rights and
responsiblities under the above -reference Agreement.
In all other respects the Agreement of which this is an
Amendment and attachments relative thereto shall remain in
full force and effect.
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IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement on the day and year first above written.
STATE OF FLORIDA DEPARTMENT CITY OF FELLSMERE
OF ENVIRONMENTAL PROTECTION
By:
Director or Designee
Division of Recreation
and Parks
Approved as to
Form and Legality:
S. B. Brantley 5/17/00
Department Attorney
By:
Title:
Address:
21 S. Cypress St.
Fellsmere, FL 32948-5714
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY
BY:
Fran B. Adams
Title; rH,,.... _
1840 25'h Street
Vero Beach, Florida 32960
GRANTEE Attorney
*If someone other than the Chairman signs the contract, a
resolution, statement or other document authorizing that
person to sign the contract on behalf of the county must
accompany the contract,
s•
M9948
(DEP Contract Number)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECPItON
14 DIVISION OF RECREATION AND PARKS
Project Grant Agreement
This Agreement is made and entered into this day
of _ CAU41^y 199�, by and between the State of Florida,
Department of Environmental Protection, hereinafter called the
DEPARTMENT, and the City of F'ellsmere, hereinafter called the
GRANTEE, in furtherance of an approved PROJECT involving the
parties hereto in pursuance of which the parties hereto agree as
follows :
1. The 1998 Florida Legislature appropriated
$150,000.00 from the Land Acquisition Trust Fund to the
Department for use by the GRANTEE for the Fellsmere Little League
Park, hereinafter palled the PROJECT.
2. The GRANTEE shall construct, or cause to be
constructed, certain facilities and improvements which shall
include the following PROJECT elements which may be modified by
the DF,PARTMENT upon written request by the GRANTEE for good
cause: Restoration of school building and other related support
facilites.
3. The DEPARTMENT shall pay, on a reimbursement basis,
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to the GRANTEE, funds not to exceed $150,000.00, which represents
the DEPARTMENT'S share of the cost of the PROJECT.
The shares agreed upon are as follows:
DEPARTMENT Amount $154 400.00 54 s
GRAN'T'EE Match 150'000.00 54
Type of Match: Land Value In-kind
Each reimbursement request shall include a status report- and all
documentation required by the DEPARTMENT for a proper pre -audit
and post -audit review. The Contract Manager shall, within sixty
(60) days after receipt of a payment request, review the work
accomplished to date on the grant and, if it is in accordance
with this Agreement, approve the request for payment. The
DEPARTMENT shall retain 10%5 of the entire grant amount until
completion of the PROD -ECT and all PROJECT completion
documentation, described in Paragraph 8, is submitted to the
DEPARTMENT by the GRANTEE.
4. The DEPARTMENT shall have the right to cancel this
Agreement for failure by the GRANTEE to perform pursuant to the
terms and conditions of this Agreement and to demand return of
all PROJECT funds paid by the DEPARTMENT pursuant to Paragraph
15.
S. The DEPARTMENT and GRANTEE agree to comply with the
Grant and Accountability Procedures, hereinafter called the
PROCEDURE, incorporated into this Agreement by reference and
attached hereto as 'Exhibit "A". The PROCEDURE establishes uniform
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guidelines and procedures to be utilized by the DEPARTMENT and
the GRANTEE in accounting for grant funds disbursed for the
PROJECT and sets forth principles fur determining eligible costs,
supporting documentation and minimum reporting requirements.
Expenses representing the PROJECT costs shall be reported to the
DEPARTMENT and summarized on certification forms specified in the
PROCEDURE. All expenditures under this Agreement by the GRANTEE
must be directly related to the purpose of the grant. The GRANTEE
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
the GRANTEE'S records for said PROJECT.
G. The GRANTEE fully understands and agrees that thee_
shall be reimbursement of funds by the DEPARTMENT for any
obligation or expenditure for the PROJECT incurred and performed
for one calendar year prior to the start of the agreement period.
7. This Agreement shall. become effective upon
execution by all parties. The GRANTEE shall complete
construction of all PROJECT elements identified in Paragraph 2 on
or before _JG+nvaj-V Al ti C)� The completion date shall be
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extended by the DEPARTMENT upon the written request of the
GRANTEE.
8. All PROJECT close-out documentation shall be
submitted to the DEPARTMENT by the GRANTEE prior to release of
the retainage identified in Paragraph 3. Upon PROJECT
completion, the GRANTEE shall submit to the DEPARTMENT the
following documentation within 45 days: (1) a list identifying
the PROJECT elements constructed and associated costs, (2) an as -
built site plan, (3) a PROJECT completion certification, and (4)
financial data supporting the expenditure of grant funds, on
forms supplied by the Department as specified in the PROCEDURE.
9. Ryan Ruskay, Grant Program Manager, or successor,
is hereby designated the DEPARTMENT'S Contract Manager for the
purpose of this Agreement; shall be responsible for ensuring
performance of its terms and conditions; and shall approve all
reimbursement requests prior to payment. The GRANTEE'S Liaison
Agent, as identified in the PROJECT application, or successor,
shall, be responsible for ensuring performance of the terms and
conditions of the Agreement, and shall act as liaison to the
DEPARTMENT in all matters relative to this AGREEMENT. The
GRANTEE'S. Liaison Agents shall submit to the DEPARTMENT signed
PROJECT status reports every ninety (90) days summarizing the
work accomplished, problems encountered, percntage of
completion, and other information the'Liaison deems pertinent to
the progress and status of the PROJECT. The Liaison shall submit
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photographs of the constructions work accomplished when requested
by the DEPARTMENT.
p, 10. All monies expended by the GRANTEE 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.
11. Each party hereto agrees that it shall he solely
responsible of the wrongful acts of its employees, contractors,
and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity and the
limitations set forth in Section 768.28, Florida Statutes.
'%;T has thc! Vight to
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PROJECT and any and all records related thereto at any reasonable
time.
13. This Agreement shall be canceled by the DEPARTMENT
in the event the GRANTEE refuses to allow public access to all
documents, papers,letters, or other materials made or received
in conjunction with this Agreement pursuant to the provisions of
Chapter 11.9, Florida Statutes.
14. Following receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-compliance by the
GRANTEE with this Agreement, the GRANTEE shall have thirty (30)
days to submit additional pertinent documentation to offset the
amount identified as being due to the DEPARTMENT. The
DEPARTMENT, following a review of the documentation submitted by
Page 5 of 9
the GRANTEE, will inform the GRANTEE of the amour of any
reimbursement due to the DEPARTMENT within thirty (30) days.
15. The DEPARTMENT shall require a refund, either in
whole or in part, of the funds provided by it to the GRANTEE for
non-compliance with the terms of the Agreement, including any
reimbursement due to the DEPARTMENT described in Paragraph 14.
The GRANTEE„ upon receiving such notification from the
DEPARTMENT, shall forthwith pay the amount of money directly to
the DEPARTMENT within thirty (30) days.` Such refund shall
include simple interest calculated at two (2) percent over the
prevailing prime rate as reported by the Federal Reserve.
Interest shall be calculated from the date(s) of payment(s) to
the GRANTEE by the DEPARTMENT.
16. The State of Florida's performance and obligation
to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
17. Reimbursement of eligible travel expenses shall be
subject to the requirements of Section 112.061, Florida Statutes,
and any rules promulgated thereunder.
18. Allowable indirect costs shall not exceed 15% of
the GRANTEE'S eligible wages and salaries.
19. Prior to final reimbursement, the GRANTEE shall
erect a permanent information sign on the PRQJEC- site which
credits the Florida Department of Environmental Protection and
the Florida Legislature as funding sources for the PROJECT.
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20, No person on the grounds of race, creed, color,
national origin, age, sex, marital status, or ability, shall be
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excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
21, This Agreement strictly prohibits the expenditure
of funds from this grant for the purpose of Lobbying the Florida
Legislature, the judicial branch, or a state agency.
22. Any entity which is awarded funds from a grants and
aids appropriation by a state agency shall:
(a) if the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor General
promulgated pursuant to Section 11.45, Florida Statutes;
(b) if the amounts received exceed $25,000, but do not
exceed $100,000, have an audit performed in accordance with the
rules of the'Auditor General promulgated pursuant to Section
11,45, Florida Statutes, 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 amounts received do not exceed $25,400, have the
head of the entity or organization attest, under penalties of
perjury, that the entity or organization has complied with the
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provisions of the grant.'
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e+rr?7c 23. A copy of the audit required in Paragraph 22 shall
be submitted to the DEPARTMENT within one (1) year from the
PROJECT completion date as set forth in the PROJECT completion
certificate.
24. This Agreement is not intended nor shall it be
construed as granting any rights, privileges, or interest in any
third -.party without mutual written agreement of the parties
hereto.
25. It is understood by the pdrties that the amount of
this grant may be reduced should the Governor's Budget office
declare a revenue shortfall and assess a mandatory reserve.
Should such shortfall be declared, this grant may be reduced by
the percentage of the appropriation the Department is assessed
for the mandatory reserve.
26. 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.
of
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 ENVIRONMENTAL PROTECTION
By:qZ'VV#Z . ��4j�Z /'X"
b-Ziector or Designee
Division of Recreatio and Parks
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tal1zlia_sse Fnr.3da 32399-3000
CITY OF FELLSMERE
! 1 AM .,
Title:
Address:
21 South Cypress St.
Fellsmere, F1 32948-6714
Grantee Attorney
Approved as to Fora and Legality:
This form has been pre -approved as
to form and legality by Suzanne Brantley,
Senior Assistant General Counsel, on August 31,1998
for use for one year.
DEP 42-058
Revised 08-18-°98
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