196-FL Dept of Natural Resource FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
PrOject Agreement
FRDAP #6-45-6
(project number)
This agreement made and entered into by and between the
State of Florida Department of Natural Resources hereinafter
called DEPARTMENT and City of Sanford herein-
after called the PROJECT SPONSOR in furtherance of an approved
recreational program involving the parties hereto in pursuance
of which the parties hereto agree as follows:
1. This agreement shall be performed pursuant to Section
375.021(3), Florida Statutes. and Chapter 16D-5, Part II, Florida
Administrative Code. In the event a dispute should arise
between the parties concerning the intent of the language herein
contained, the same shall be resolved by the adoption of that
meaning which furthers the intent and purpose of said actions of
the Florida Legislature and the Executive Board of the Depart-
ment of Natural Resources. No construction shall be contrary to
the program criteria or the agreements contained herein. It is
the intention of the parties hereto that none of the provisions
of Section 163.01, Florida Statutes, shall have application to
this agreement.
2. The DEPARTMENT has found that outdoor recreation is
the primary purpose of the project known as Marshall Avenue Park
, (Florida Recreation Development Assist~
ance Program Project Number 6-45-6 ), and enters into
this agreement with the PROJECT SPONSOR for construction of
recreational facilities on real property, the legal description
of which is set forth in full in Exhibit "A" attached hereto
and made a part thereof,
Page. 1 of-6 "
DNR Form 42-058
Revised 5-14-82
3. The PROJECT SPONSOR will construct, or cause to be
constructed, certain recreational facilities upon such real pro-
perry described in Exhibit "A" which facilities shall be designed
and constructed in'accordance with the project elements described
herein substantially in accordance with project plans as shown
and described in E~ibit "B" attached. The following shall be
considered the project elements:
Handball courts, tennis courts, physical fitness
course, paved trails, picnic facilities, and
related facilities.
4. The PROJECT SPONSOR agrees to operate and maintain ~he
project,~. to the DEPARTMENT'S satisfaction, for a minimum period
of twenty-five (25) years from the date of project completion
specified in paragraph 7 of this agreement and will pay ~11 such
expenses as a PROJECT SPONSOR expense. The project shall be open
for public use at reasonable hours and times of the year; shall
be maintained so as to appear attractive and inviting to the
public; shall be maintained in accordance with applicable health
standards and shall be kept reasonably safe for public use. Pro-
ject facilities and improvements shall be kept in reasonable re-
pair to prevent undue deterioration and to encourage public use.
The PROJECT SPONSOR convenants that it has full legal authority
and financial ability to operate and maintain said facilities.
5. The DEPARTMENT shall pay, on a reimbursement basi~ to
the PROJECT SPONSOR 33 1/3 percent of the eligible costs for the
development of the project or $ 12,500.00 , whichever is
less. These funds may be released in no more than three (3) in-
stallments, at the discretion of the DEPARTMENT, upon the request
of the PROJECT.SPONSOR'S duly authorized agent, whose name and
title shall be submitted to the DEPARTMENT prior to commencement
of the project. The DEPARTMENT shall retain $ 1~250.00
untll completion of the project and until the required project
termination documentation has been received by the DEPARTMENT
Page 2 Of 6 ~.
DNR Form 42-058
Revised 5-14-82
from the PROJECT SPONSOR. Each reimbursement request shall in-
clude all documentation required by the DEPARTMENT as set-forth
in paragraph 18 of this project agreementi The DEPARTMENT shall
be notified forthwith of any change in the person or authority
of the duly authorized agent.
6.. The PROJECT SPONSOR agrees to expend the sum of
$ 25,000.00 in cash or utilize the fair market value, or
a portion thereof, of donated or purchased, private real property,
previously approv~d by the DEPARTMENT for such purposes, as its
.~equired program matching contribution. The PROJECT SPONSOR
further agrees to submit, at the request of the DEPARTMENT, any
and all required accounting records of documentation pertaining
to said'contributions.
7. The PROJECT SPONSOR shall commence construction of the
project in accordance with Exhibit "B" on or before ADril 6, 1983
and agrees to complete said construction on or before
April 6, I984 Failure by the PROJECT SPONSOR to commence or
complete development of the project by the aforementioned dates,
unless amended, shall be cause for the DEPARTMENT to terminate
the project agreement and demand refund of any contribution made
from the Florida Recreation Development Assistance Program.
8. The PROJECT SPONSOR, through its duly authorized agent,
shall=submit to the DEPARTMENT signed project status reports
every sixty (60) days summarizing the work accomplished, problems
encountered, percentage of completion and other appropriate in-
formation. Photographs shall be'submitted when appropriate to
reflect the work accomplished unless waived in writing by t~e
DEPARTMENT'S project administrator.
9. Should the PROJECT SPONSOR own the land described in
Exhibit "A", the PROJECT.SPONSOR agrees to dedicate said land to
the public for recreational purposes in perpetuity. The PROJECT
SPONSOR further.agrees that the execution of this agreement by
the Executive Director of the Departm. ent of NatUral Resources
shall constitute an acceptance of the dedication on behalf of the
general public of the State.
Page 3 of 6 -
DNR Form 42-058
10. Should the PROJECT SPONSOR, during the period of time
established by paragraph 4 of this agreement, for any reason con-
vert all or any portion of the property described in Exhibit "A",
Or the facilities described in Exhibit "B" to=o'ther than the
recreational purposes set forth and described in Paragraph 3,
the PROJECT SPONSOR agrees to provide, at its sole expense, with-
out furthe~ contribution from the Florida Recreation Development
Assistance Program, a replacement project of comparable quality
and size to that which was converted to other purposes, which
replacement shall be in close proximity to the project and meet
with the approval of the DEPARTMENT. In lieu of such replacement,
the PROJECT SPONSOR shall return to the DEPARTMENT the entire
contribution from the Florida RecreatiOn Development Assistance
Program.
11. Should the PROJECT SPONSOR elect to implement a user
fee system for the project, the PROJECT SPONSOR shall impose
such fees uniformly upon all users without regard'to age, sex,
race, other condition, or the political' subdivision in which
the user may reside.
12. The PROJECT SPONSOR agrees to. provide the DEPARTMENT
with annual attendance reports at such time the project is
opened for use by the general public. Said attendance reports
shall be submitted to the DEPARTMENT during the month of July
of each year and shall provide attendance records for a one
year period beginning on July 1, and ending on June 30 of the
previous year, such period constituting one fiscal year.
13. The DEPARTMENT shall have the right, through its
agents, servants, and employees designated for that purpose, to
inspect the Site of the project and .the facilities thereon.
In addition to project inspections, which shall be conducted
at any reasonable time, the DEPARTMENT shall have access to all
Page 4 of 6
DNR Form 42-058
Revised 5-14-82'
financial records relating to the project and the right to
audit such records at any reasonable time which right shall be
continuous until such audit is completed without unreasonable
int&rfer~nce with the operation of any of the facilities thereon.
14. This project agreement may be amended at the dis-
cretion of the DEPARTMENT, so long as such amendments are
pursuant to Section 375.021(3), Florida Statutes, and Chapter
16D-5, Part II, Florida Administrative Code. Amendments, which
do not substantially alter the project's intent or scope or the
amount of program funds awarded to the PROJECT-SPONSOR by the
DEPARTMENT'S Executive Board, shall be approved by the DEPART-
MENT'S Executive Director through delegation of authority.
Oeherwise, all amendments shall be approved by the DEPARTMENT'S
Executive Board.
}5~ 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 judgaments,
no matter how occasioned and no matter what the amount, arising
from the PROJECT SPONSOR'S obligations contained herein to con-
struct,.operate and maintain the project.
~6. 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 this 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.
17. The DEPARTMENT shall designate a project administrator~
whose name and title shall be submitted to the PROJECT SPONSOR
responsible for the completion of the project pursuant to the pro-
vision of this project agreement. The PROJECT SPONSOR shall be
notified forthwith %f any changes in the person 6r authority of the
duly authogized project administrator.
Page 5 of 6
DNR Fom_04-058
Revised 5-14-82
28. The PROJECT SPONSOR and the DEPARTMENT mutually agree '
to the following special terms and. conditions incorporated as
part of this agreement:
1. Guidelines and procedures utilized in accounting
for Florida Recreation Development Assistance
Program funds shall be governed bythe program's
Grants Accountability Policy, dated ~y 14', 1982,
attached hereto and made part of this project'
agreement as Exhibit "C".
2. The PROJECT SPONSOR'S required program matching
contribution, identifie~in paragraph #6, is
represented by cash--
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by the officers and agents thereunto
lawfully authorized.
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES CITY 0F SANFORD, FLORIDA
By: ·
Executive Director' Its Agent for this Purpose
City Manager
Title
Attest: f ~
Approved as to
Form and Legality:
~ J/". Effective Date:
Page 6 of 6
DNR Form 42-058
Revised 5-14-82
o, EXHIBIT B
SITE PLAN
1. Parking lot 5;' Nature wildernes~ area
2. Tennis Courts 6. Jogging; bike; handicap walks
3. Handball Courts 7. Vita'Course trails
· 4. Multiple Purpose Fields
a) Soccer
b) Youth Baseball/softball 4
e) Youth flag/tackle football ~
d) Model airplane flying ~
MARSHALL AVENUE PARK
LEGAL DESCRIPTION
Two parcels of Park, Fourth Section Dreamwold
according to the plat thereof as recorded in Pta~
Book 4, page 99 of the Public Records of Seminole
County, Florida.
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Grants AcCountability Policy
I. Purpose and Applicability
This grants accountability policy establishes uniform guide-
lines and proeedures to be utilized in accounting for grant funds
disbursed by the Department of Natural Resources under the Florida
Recreation Development Assistance Program. It sets forth principles
for determining eligible program costs, supporting documentation,
minimum reporting requirements and applies to all project sponsors
receiving funds through the program. Waiver or modification of the
eligible costs, supporting documentation or reporting requirements
may be. made by the Department's Executive DirectOr, or his designee,
provided that.the approval for any such changes shall be evidenced
by an. appropriate provision in the project agreement, or amendment
thereto.
II. Disbursement of Funds
Grant funds shall be disbursed by the Department directly to
project sponsors in accordance with good cash managemen~ principles,
on a reimbursement basis, and in no more than three installments.
The Department shall retain ten percent (10%) of its obligation until
final completion and approval of the project. The retainage may be
modified or waived with justification and formal approval by Depart-
ment personnel who are authorized to execute the project agreement
or amendments.
III. Contract Classification
Program project agreements are defined as Actual Cost contracts
whereby project sponsors are reimbursed for a specified portion of
eligible project costS. incurred in accomplishing the project required
by the Department.
IV. Purchases of Goods and/or Services
All purchases of goods and/or services for the accomplishment of
the project shall be negotiated, at a minimum, in accordance with the
provisions of Chapter 287, Part I, Florida Statutes and related Rules
of the Florida Admin'is_trative Code in effect at the time such pur-
chases are made except that single source or emergency purchases shall
be subject to authorization by the Department's project administrator
in lieu of the Department of General Services.
V. Eligible Costs, Supporting Documentation and Billing Guidelines
(a) Eligible Costs - To be eligible for reimbursement under the
program, costs must be necessary and reasonable for the effective
and efficient accomplishment of the project and be directly
May 14, 1982
Page 1 of !0
compensation, etc.), travel and per diem associated
with the project and.indirect costs for general
operating expenseS.(telephone~, postage, utilities,
e~c.) and general administrative expenses (Personnel,
Purchasing, etc.)
b. Supporting Documentation
1. Contractual ServiCes - Services provided for pro-
ject sponsors by private or independent contractors
shall be evidenced by formal agreements or contracts
executed by allappropriate parties specifying the
exact terms and conditions. Competitive bid specifi-
cations and actual bids received shall be ma~ntai~d
bythe project sponsor. The selection and awardi~
of contractual services by the project sponsor sh~'il
be subject to the Department's approval pursuant t~
Section 16D-5.28(5), ~lorida'Adminlstrative Code.
Appropriate records (i.e. contracts or invoices,
cancelled checks, etc.) shall be maintained by project
sponsors to support work and/or services performed
through contractual services.
2. Materials and Supplies
a. Direct Purchases - Vendor invoices shall be
maintained that include a description of the
items and quantity purchased, unit cost and
total cost, less applicable discounts. Invoices
shall also contain the d~livery date and signa-
ture 6f a project sponsor employee assigned to
work on the project along with a description of
the general use for such materials or supplies.
Purchase orders, requisitions, cancelled checks
and competitive bid documentation as applicable,
shall be maintained as evidence of payment .for
such purchases.
b. Project Sponsor Stock - Materials or supplies
taken from a project sponsor's stock or inven-
tory shall be supported by material requisitions
or other job Order/project cost records signed
by the storekeeper and the p~ojectsponsor
employee assigned to Work on the project.' These
source documents shall describe items in detail
and identify the general use of such materials
in the project. Appropriate records (i.e. vendor
invoices, cancelled checks, etc.) shall be main-
tained. to support unit costs of the materials
based upon the project sponsor's normal method
of inventory valuation. No warehouse or over-
head charges added by the project sponsor shall
be allowed.
May 14, 1982
Page 3 of !0
3. Real Property - Values established for purchased
or real property, pursuant to Section 16-5.24~
Florida Administrative Code, shall be reported on
the payment request form. only upon prior written
consent of the Department. The project sponsor
shall submit such documentation as required by ~he
Department to support the values established for
such property.
VI. Alternate Billing ProcedUres.
a. The project sponsor may request advance written approval of the
Department's project 'administrator tQ submit other available
accounting records in lieu of the s~ecif~d Departmeht forms,
provided such alternate records contain the same detailed
information as required above in Section V.
b. The projectjsponsor may request advance written approval of the
Department's project administrator to engage independent
Certified Public AccoUntants to provide a review and compila-
tion of project costs presented in the same general cost
categories as contained on the reimbursement request form,
DNR 42-057. Such statements shall be accepted in lieu of the
other specified Department forms required above for Section V,
only if payment requests are withheld by the project sponsor
until completion of the project and submitted with the CPA's
report. The additional cost incurred by the'projectsponsor
for this alternate billing method shall nG~ b~ eligible fo~
reimbursement.
VII. Services Provided by ~ffiliated Agencies.
If services are obtained or materials purchased from subunits
or divisions of the project sponsor, such costs shall be supported
and billed in the same manner as required for the project sponsor
and reimbursement shall be requested by and made to the project
sponsor by the Department.
VIII. Record Retention and Audits.
(1) Project sponsors shall retain all records in support of the
project costs included in the payment requests for three fisCal.
years (project sponsor') after'the fiacal year in which final
payment was made by the Department to the project sponsor~
(2) All records of the project sponsor in support of the project
cost included in payment requests shall be subject to review
by the Department, the Auditor General, Comptroller, federal
auditors or others who may be authorized to audit the records
of the Department which involves the project sponsor.
May 14, 1982
Page 5 of 10
RESOLUTION N0. 1330
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT AND THE EXECUTION
OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF NATURAL RESOURCES,
DIVISION OF RECREATION AND PARKS, REGARDING THE development
OF Marshall Avenue Park
BE IT RESOLVED by the City of Sanford
Florida, that the City of Sanford accepts the Florida Recreatio~
Development Assistance Program grant from the Florida Department of
Natural Resources, Division of Recreation and Parks, in the amount of
$12,500.00 and authorizes the City Manager
to execute all appropriate documents and serve as representative for
the City of Sanford in the acceptance and
administration of the grant.
BE IT FURTHER RESOLVED that this resolution become
effective immediately upon adoption.
ADOPTED this 14th day of June , 1982 with
the members of the Sanford City Commission voting as follows:
5 Yes
0 No ~/
Mayor
Title ~-'