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351-FL Dept Natural Resources
(DNR Contract Number) FLORIDA DEPARTMENT OF NATURAL RESOURCES FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Agreement - Development F88-051 (Project Number) This Project Agreement made and entered into this day of ~"1~ , 19~, by and between the State of Florida, Department of Natural Resources, hereinafter called the DEPARTMENT, and, the City of Sanford, 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(3) 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 and 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 Groveview Park (Florida Recreation Development Assistance Program, Project Number F88-051), and enters into this Project Agreement with the PROJECT SPONSOR for construction of outdoor recreation facilities Page 1 of 6 DNR 42-058 Revised 5-18-89 and improvements on real property, the legal description of which is set forth in full in the Project Application and incorporated into this Project Agreement by reference, as if fully set forth herein. 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: Racquetball, basketball and tennis courts; picnic area; jogging and bicycle trails; play area; parking; restrooms 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: Matching Basis DEPARTMENT Amount $ 120,000.00 ( 1/3 ) PROJECT SPONSOR Match $ 240,000.00 ( 2/3 ) Type of Match Cash, In-Kind Services and/or Land Value 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, Florida Administrative Code, hereinafter called the POLICY, and incorporated into this Project Agreementby 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 cost including required matching contribution, shall be Page 2 of 6 DNR 42-058 Revised 5-18-89 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 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, Auditor General, State Comptroller and other relevant parties shall have the right to. inspect and audit PROJECT SPONSOR 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 exception of $None, 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 Agreement and shall be responsible for ensuring perfomance 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 ninty (90) days summarizing the work accomplished, problems Page 3 of 6 DNR 42-058 Revised 5-18-89 encountered, percentage of completion and other appropriate information. Photographs shall be s~bmitted when appropriate to reflect the construction work accomplished. 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. ~e 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 allowedby 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. 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 Page 4 of 6 DNR 42-058 Revised 5-18-89 DEPARTMENT, a~rees to refund, and will forthwith pay, the amount of money demanded--which palanent 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 indirect 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. 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. Page 5 of 6 DNR 42-058 Revised 5-18-89 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 DEPARTMEI~ OF NATURAL RESOURCES CITY OF SANFORD B Q By: Title: DNR Contract Manager DNR~n~ract Administrator ~r~o'Dect Sponsor Attorney William L. Colbert, Attorney Approved as to Form and Legality: Page 6 of 6 DNR 42-058 Revised 5-18-89 (DNR Contract Number) FLORIDA DEPARTMENT OF NATURAL RESOURCES FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Agreement - Development F88-051 (Project Number) This Project Agreement made and entered into this ~a~ of , 19 , by and between the State of Florida, D~!~artment of Natural Resources, hereinafter called the DEPARTMENT, a~d~ the City of Sanford, 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 ?~© ~ections 370.023, 375.021(3) and 375.075, Florida Statutes, and Chapter 16D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The PROJECT SPONSOR shall comply ?~tT~ all provisions of the RULE, which is incorporated into ~his Project Agreement by reference, as if fully set forth herein. ~isputes 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 ?~OJECT SPONSOR to perform pursuant to the terms and conditions .~= this Project Agreement. It is the intent of the DEPARTMENT and 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 Groveview Park {Florida Recreation Development Assistance Program, Project ~er F88-051), and enters into this Project Agreement with the P~OJECT SPONSOR for construction of outdoor recreation facilities Page 1 of 6 ~ ~ 42-058 .~ ~.evised 5-18-89 D.n~ in~provements on real property, the legal description of which is set forth in full in the Project Application and incorporated into this Project Agreement by reference, as if fully set forth 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 ~oaified with good cause by the DEPARTMENT: Racquetball,' basketball and tennis courts; picnic area; jogging and bicycle trails; play area; parking; restrooms 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 liraits are based upon the following: Matching Basis DEPARTMENT Amount $ 120,000.00 ( 1/3 ) PROJECT SPONSOR Match $ 240,000.00 (2/~) Type of Match Cash, In-Kind Services and/or Land Value ~j2~e Contract Manager shall, within sixty (60) days after receipt of ~ 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 ~.6A-11, Florida 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 cost including required matching contribution, shall be Page 2 of 6 DNR 42-058 Revised 5-18-89 :re'~?Drted 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 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 .I R shall retain all records supporting Project costs for three {3) years after the fiscal year in which the final Project payment ~3~ 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 DEP2~2TMENT, Auditor General, State Comptroller and other relevant parties shall have the right to. inspect and audit PROJECT SPONSOR records for said Project. 6. The~DEPARTMENT and the PROJECT SPONSOR fully u~Gerstand 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 exception of for: None 7. The PROJECT SPONSOR shall complete all Project c~>nstruction within eighteen (18) months of the execution date of ~i~ Project Agreement. 8. Rosie Keween, Grants Specialist or successor, is hereby designated the DEPARTMENT'S Contract Manager for the purpose of this Project Agreement and shall be responsible for ensuring !pe~fomance 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 DEPARTMEbFf signed Project status reports every ninty (90) days summarizing the work accomplished, problems Page 3 of 6 DNR 42-058 Revised 5-18-89 "~' enc~.~.ntered, percentage of completion and other appropriate information. Photographs shall be submitted when appropriate to ref].ect the construction work accomplished. 9. All monies expended by the PROJECT SPONSOR for the ~urpose contained herein shall be subject to preaudit review and approval by the Comptroller of Florida in accordance with Section ~7o03~ Florida Statutes. 10. The PROJECT SPONSOR agrees to save and hol~ harmless ~: DEPARTMENT, its officers, agents and employees from any and IT~?~ liabilities, claims, actions, damages, awards and judgements, to the extent allowed by law, arising from the PROJECT SPONSOR'S c~ligations 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 z~skrerials made or received in conjunction with the Project '~ 3'!!~m~r!~ement pursuant to the provisions of Chapter 119, Florida .I~!~atutes. 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 7.~ill 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 ~ocumentation submitted by the PROJECT SPONSOR, will inform the P~OJECT SPONSOR of any reimbursement due the DEPARTMENT. 14. The DEPARTMENT shall have the right to demand a Frefund, 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 J 'Page 4 of 6 ~ D~ 4~-058 Revised 5-18-89 DEP~%ilz~MENT, agrees to refund, and will forthwith pay, the amount of money demanded--which payment shall be made directly to the D~IP~TMENT. Such refund shall include interest as specified in the ~uleo 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 indirect 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 Plorida Department of Transportation's specifications for road and br~ige construction. Bid specifications, contracts and/or purchase orders of the PROJECT SPONSOR must specify thickness of asphalt and square yards to be paved. 19. This Project Agreement represents the entire ~greament of the parties. Any alterations, variations, changes, modifications !~r ~aivers of provisions of this Project Agreement shall only be v~li~ when they have been reduced to writing duly signed byeach of the parties hereto, and attached to the original of this Project Agreement. Page 5 of 6 .' D~ 4~-058 ' Revised 5-18-89 IN WITNESS whEREOF, the parties hereto ~.~ve caused these · p~eser~ts to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES CITY OF SANFORD ~y~ By: . Joseph F. Knoll, Acting Director Division of Recreation and Parks . e D. Smith Type Name: Title: DNR Contract Manager William L. Colbert, Attorney ?dXrjx'ovect as to and Legality: Page 6 of 6 Revised 5-18-89