HomeMy WebLinkAbout2000-315ADDITIONAL ITEM 13 B
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Magory Sion eman Douglas Building 6o -3/r'
J.b Bab 3900 Commonwnith Boulevard David B. Smuha
(oremw Tallahassee. Florida 32399-3000 D - 0j ,J77
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May 31, 2000
Mr. John Little
City of Fellsmere
Admimiiunitive Assistant
21 South Cypress Street --
Fellsmcre, Florida 32948-0039 — - --- -- -
Re: Harriet V. & Harty T. Little League Recreational Complex
FRDAP Project No. F99048
Dear Mr. Little:
Enclosed are two original amendments to transfer Bre 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 mail service to:
Ryan A. Ruskay, Community Assistance Consultant
Bureau of Design and Recreation Services
Alfred B. Maclay Slate Gardens
3540 Thomasville Road, Building C
Tallahassee, Florida 32308
In signing the agreement, do not complete the blank spaces Cor the execution date.
Oar staff will date the amendment when formally executed by the Department of Environmental
Protection and one original copy will be returned to you.
Yom immediate attention to this matter is appreciated.
Ry uskay
mmunity Assist Consultant
Bureau of Design and Recreation Services
Division of Recreation and Parks
Mail Station 9585
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Florida House of Representatives
Charles W. Sernbler 11
P.O. Box 2380
Representative, District 80 221 Tire Capital
Vero eendr, FL 32961
402 Smith Mmrcw Smee
561.7785077
TaUrarne, FL 32399.1300
8504880952
May 26, 20W
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 Agreement for
the Old School Restoration Grant (M9948). This amendment will change the Grantee from the
City of Fellsmere to Indian River County. I understand that the intent of the appropriation
remains 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 D
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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 211 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 known as Fe llsmere 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.
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 Parke
DEq flbntract Man er
Approved as to
Form and Legality:
S. B. Brantley 5/17/00
Department Attorney
By
Title:
Address:
21 S. Cypress St.
Fellsmere, FL 32948-6714
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY
BY:
Fran B. Adams
Title:
1840 25tD 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.
M9940
)DEP Contract Number)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF RECREATION AND PARRS
Project Grant Agreement
This Agreement is made and entered into this 2_ day
of d 19 9f, by and between the state of Florida,
Department of Environmental Protection, hereinafter called the
DEPARTMENT, and the City of Fellsmere, 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 called 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 DEPARTMENT upon written request by the GRANTEE for good
cause: Restoration of school building and other related support
facilites. .4
3. The DEPARTMENT shall pay, on a reimbursement basis,
Page 1 of 9
to the GRANTEE, funds not to exceed $150,000.00, which represents
the DEPARTMENTS share of the cost of the PROJECT.
The shares agreed upon are as follows:
DEPARTMENT Amount $150,000.00 50 &
GRANTEE Match 9150.000.00 50 t
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 104 of the entire grant amount until
completion of the PROJECT and all PROJECT completion
documentation, described in Paragraph e, 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
x
PROCEDURE, incorporated into this Agreement by reference and
attached hereto as Exhibit "A°. The PROCEDURE establishes uniform
Page 2 of 9
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 for 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.
6. The GRANTEE fully understands and agrees that there
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.
T. 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 Van Y)y '%1 ) �OOO The completion date shall be
Page 3 of 9
extended by the DEPARTMENT upon the written request of the
GRANTEE.
S. 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
forme 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 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 information the'Liaison deems pertinent to
the progress and status of the PROJECT. The Liaison shall submit
Page 4 of 9
photographs of the constructions work accomplished when requested
by the DEPARTMENT.
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 be 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.
12. The DRPARSDQ has Che rtyl[t " Suspect aa1LL
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 119, 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 amout 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 dates) 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 PROJECT site which
credits the Florida Department of Environmental Protection and
the Florida Legislature as funding sources for the PROJECT.
Page 6 of 9
20. No person on the grounds of race, creed, color,
national origin, age, sex, marital status, or ability, shall be
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 fudds 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 $25,000, 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.'
Page 7 of 9
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 parties that the amount of
this grant may be reduced should the Governor -a 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 panties. 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.
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 CITY OF FELLSMERE
DEPARTMENT OF ENVIRONMENTAL PROTECTION �(�p'/ !y,�y,/�
By: BY'-y�•G� i e-�
rector or Designee /
Division of Recreatio and Parks
Title:
Address: Address:
21 South Cypress St.
Bureau of Design and Recreation Services Fellsmere, F1 32948-6714
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station58
Tal sse F1 32399-3000
Z-7
ct Mana
Grantee Attorney
Approved as to Form and Legality:
This form has been pre -approved as
to form and legality by Suzanne Brantley,
Senior Assistant General Counsel, on August 31,1996
for use for one year.
DEP 42-058
Revised 08-18-98
Page 10 of 10
/fi-/7-0O
M9948
(DEP Contract Number) 71
STATE OF FLORIDA
DD -3(S
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Project Agreement
This Agreement entered into on this -gl� day of
, 20/1_, by and between the
Department of Environmental Protection, hereinafter referred to
as DEPARTMENT, and the County of Indian River, hereinafter
referred to as GRANTEE, in furtherance of the approved
recreational project known as Harry T. and Harriet Moore Little
League Park Project #M99048.
WHEREAS, the DEPARTMENT and the GRANTEE entered into an
agreement dated January 21, 1999, hereinafter referred to as the
^ Original Agreement" , as amended, June 29, 2000; and
WHEREAS, the DEPARTMENT and the GRANTEE verbally agreed
to amend the original Agreement to extend the Project Completion
Date; and
WHEREAS, the amendment to change the Project Completion
Data was not reduced to writing during the Original Agreement
period.
NOW THEREFORE, the DEPARTMENT and the GRANTEE hereby
agree that the terms and conditions of the Original Agreement and
the June 29,2000 amendment are made a part of this Agreement by
reference as though stated in their entirety herein, except that:
ka - n 2 is amended as follows: 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 DEPARTMENT upon written request, by
the GRANTEE for good cause: Phase is Stabilization of roof:
repair of brick and masonry; addition of elevator; architect
fees; and engineering plans and drawings.
PsaHl:dyF 9 ssntenne 2 is amended as follows: The
GRANTEE shall complete all PROJECT construction of all PROJECT
elements on or before January 31, 2002.
In all other respects the Agreement of which this is an
Amendment and attachments relative thereto shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have duly
executed this Agreement on the day and year first above
written.
STATE OF FLORIDA DEPARTMENT BOARD OF COUNTY COMMISSIONERS
OF ENVIRONMENTAL PROTECTION OF INDIAN RIVER COUNTY
By By: �M-. 8 1 /d��I�4
L
rrecto or es ee
Division of Recr ation & -
Parka Title: Chairman
BCC Approved: October 17, 2000
�� Address:
1 A .r-- 23(2 1840 25`h Street
DEAF Contract Manager Vero Beach, Florida 32960
�M ,�
Gra tee tdrney
--If someone other than the chairman signs the contract, a
resolution or other document authorizing that person to sign
the contract on behalf of the county must accompany the
contract.
DEP 42-05
Revised 02-21-96
SFCEIVED
Department of DEC 18 2000
Environmental Protection 9oAF,1,MN115SIDNTY
Marjory Stoneman Douglas Building
Jeb Bush 3900 Commonwealth Boulevard David B. 511uhs
Gavemor Tallahassee. Florida 32399-3000 Seoeury
December 12, 2000
The Honorable Ruth Stanbridge
County Commissioner
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, Florida 32960-3365
Re: Harriet & Harry Moore Little League Recreation Complex
LLI Project No. M99048
Dear Commissioner Stanbridge:
Enclosed is the executed amendment which provides for a completion date of January 31, 2002,
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.
LDW/Ip
Enclosure
Sincerely,
Lynda D. Wynn
Community Assistance Consultant
Bureau of Design and Recreation Services
Division of Recreation and Parks
Mail Station #585
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