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Miscellaneous CorrespondenceMAR-04-02 09:49 FROM:MONROI-- COUNTY ATTY OFFICE ID:3052923516 PAGE 1/3 CNTY So�MONROE WESTI-ORpA 33W (xp) 2&M46i1 Offiee of the County Attorney P.O. Box 1026 Key West, FL 33041-1026 305/292-3470 -Phone 305/292-3516 - Fox DATE: TO: FROM: i.. FAX COVER SHEET Ah Monroe County Attorney's Office TRANSMITTED: total pages BO RD OF COUba C0&*Q3I0NERS MAYOR Charles 'Sonny' McCoy, District 3 Mayor Pro tem bixis Spehar, bistrict I Murray Nelson, District 5 George Neugent, District 2 Nom Williams, District 4 Confirm receipt by calling sender at (305) 292-3470 MESSAGE ISPECL4L INSTRUCTIONS: � k Thys� r1 Mack aj�a�aS Ok''� 6y r,> &P `^46 FMB w.+t. MAR-04-02 09:50 FROM:MONROF COUNTY ATTY OFFICE ID:3O52923516 PAGE CSFA NO. 37017 CSFA Title: FRDAP 2/3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM AMENDMENT I TO PROJECT GRANT AGREEMENT — DEVELOPMENT THIS AMENDMENT is made and entered into this day of 02, by and betw the State of Florida, Department of Environmental Protection (ham einafter FDEP), and OMonroe County een (hereinafter County or Grantee). WHEREAS, on December 14, 2000, County entered into a twenty year lease with Upper Keys Community Pool, Inc_ (hereinafter UKCP), a Not -for -profit corporation for the purpose of constructing and operating a community pool at the Key Largo Community Park; and WHEREAS, UKCP has been raising funds and has construction well underway: and WHEREAS, UKCP applied for and obtained a grant from FDEP; and WHEREAS, said grant was formalized through the agreement subject to this amendment; and WHEREAS, UKCP's president executed the grant document under the assumption that the long term lease with the County enabled him to enter into such an agreement on the County's behalf; and WHEREAS, the County is desirous of accepting the grant and adopting the actions of UKCP ab iniiio to preserve the benefit of the funded construction to the public; and WHEREAS, the County has not been involved in the administration of the construction or the submission to FDEP of documentation to substantiate the request to FDEP for reimbursement; now therefore IN CONSIDERATION of the mutual covenants contained herein, FDEP and County agree to amend the Grant Agreement as follows: 1. County, as Grantee, hereby ratifies the grant agreement under DEP Contract Number F0208, with UKCP being the sub -grantee. 2. FDEP will hold the County harmless from any non-compliance with the conditions of said grant and shall hold UKCP responsible for meeting the grant agreement conditions, including, but not limited to, all required documentation and reports. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director (or Designee) Division of Recreation and Parks Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, FI. 32399-3000 Approved as to Form and Legality: Assistant General Counsel BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY By: Mayor/Chairman ATTEST: Danny L. Kolhage, Clerk By: Deputy Clerk 500 Whitehead Street Key West, FI.33040 Ap roved as to F nd al suffi ien y_ a �� a ne Al Hu n, Assistant County Attorney MAR-04-02 09:50 FROM:MONROF COUNTY ATTY OFFICE ID:3052923516 PAGE 3/3 DATE: March 1, 2002 TO: Suzanne Mutton County Attorney's Office FROM: "Mayor" Tim Bricker Upper Keys Community Pool, Inc. RE: FRDAP Contract MESSAGE. Via your a -mails to Commissioner Murray's office yesterday, I was advised that the Clerk of Court won't execute the BOCC approved resolution without an original contract, and have advised your office of those circumstances. Have you requested an original contract from DEP? If I can be of any help, please contact me at 305-852-9259, cell 766-0437, e-mail: TBric52@aol.com. T Lg i:,;n 2002 r C8—✓JJ—G'Ut7G 11 • 1.J UCr115114U Umuur" FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLolfIDA IRECREATION DEVELOPMENT ASSISTANCE PROGRAM PART I — GENERAL INF•ORMA TION . (DE E ONLY ) PY,CMED- POS774AMD.: APPL KO.: 1. APPLICANT INFORMATION A. Name of Applicant: Mongoe County B. Federal Employer Identification Number: S ' b 19 C. Population: 681 7 6 6 D, Current Operating Budget- $2 3 2.7 mi l 1 }.oss (Thin is the operating budget for the city, comes or speriat dwricr, not just the depart ne»t budget)' E. Contact Person: Timothy Bricker. _Tide: Pregident t UKCP F Inc. (77w eorttaci person is someone who will be in direcr contact with UP) 4ddress: Street/PO Box: 89 North Bay Harbor Drive City/State: Key Largo, Florida Zip Code: 330.37 1`.rJGrl r Telephone:005) 852-,4844 E-mail: FAX 305 8SR-6164 if project is not funded, please check here if grantee wishes to receive application back. ❑ I hereby certify that the information provided in this application is true and accurate. I further certi possess the authority to apply for this grant on behalf of the applicant. I %D zVrot-V sigaa resentative Dace � ZQpQ 2. PROJECT INFORWA TION A. Natme of 1` B. Project Type (Check One): Project catmor be acquisition and dewlopp*t Development: X_ On land owned by applicant On land currently under site control by applicant Date site control expires: Acquisition: Development projects must be under site control by the close of the submission period (October 13, 2000). Include a copy of the site control documents (e.g., derA lease, M.). (Please Tab as Exhibit "" C. Project Location: Street Address: 500 St. Croix Place City: Key Larger County: man- o,,.� -- Pant 1 of 19 FPS-A033 �n • J nw . T T rn T r 11n r r6ne1-00+'-nC0 • YD J cvyu� 17DJ /'t7rt J rct3-✓JJ-Gt7t�G 11 • 1J ucnr� t ivu ur<.uur r , 1013/ 1 r D. LEGISLATIVE DISTRICTS IN WMCH THE PROJECT SITE IS LOCATED: This sbould be the Senate and douse district in which the proposed project site is located. If you sK not sure of the district, contact your local office of the Supervisor of Elections. (There is only one each.) gtm Senator. Oa L. Jones Senate District Number: 40 State kepmsentative: Ken Sorenson House District Number: 120 E. Briefly describe the physical characteristics of the project. Include kwd resources, vegetation, fish and wildlife, histori=4 archaeological resources, previous land usage and transportation access as well at other pertinent inforrnatiott. The Upper Keys Community Pod will be located in Key Largo. The project will include a swimming pool, picnic facilities, and a hiking trail. The Upper Keys Community Pool will be a valuable recreational facility for the entire area. 3. FINANCIAL INFORMATION A. MAP Funds Requested B. Local Funds Available: 1. Cash: 2. In -Kind: Line A S 200.000 r, Line B $ 200,000 _ Line C S 3. Land Value Line D S If property is developed IaKd value CANNOT be used as a match. Total Local Funds Available: C_ Total Cost of Proposed Project: Line E S 200.000 Swn of lima B, C acid D Line F s_ 400,000 _ Sum of Lines A and E The Total Project Cost (Line I) must equal the grant request (Lime A) puts the tout local, wds ava&bk {Line E). lhis figure (Line F) should not rotd more than $400,000 for the purpose of this applFea*n- Page a of 19 +•� FPS-A033 rCD-tJJ-GtlYJC 11 • 14 U="N 1 NU umuur P. ©4/1 i D. project Cost Estimate (COMPLETE ONLY FOR DEVELOPMENT PROJECTS): lfland value is used as matchs it should be included carder primory cost primmmy costs include all reveation facilities and opporrrwidw. Primary co rr w ant be equal w or srsater thanhly pereent of tote total cost Attach a sgwaw sheet if ureeded Retxw*w to bactude cock elameat in your concepatat sbeptauu. PRIMARY RECREATION AREAS AND FACILITIES: lnaltrdft bur not limited to, beach access, picnic facilities, fishing piers, ballftelds, tennis corms, bicycle trails, etc. Casts ojplan►tirtg and site preparation should be included within the cost of each element Qualuicy Dcsaiption Estimated Cost Pool facility 300,000 Hiking trail 5.000 w Picnic facilities 5,000 R x P O V A T I O N s Total Pdmay IS 310,000 SUPPORT FACIUTIES AND IMPROVEMENTS: Pwkim& reseroow, lankcapbe secw* lighting, and s:,eh other costs should be Included under support costs Costs of planning and site p varation should be included within the cost of each element, .amenities such ter besches, trash cans utilities, water foumai ts, or bike racks will receive no points when being scored QuMlity D= ivion EStitnated Cost N Restrooms 35,000 E Parking 25,000 w Landscaping 25,000 Grant application preparation - C * .3 i e�.� •'�" 51000 R E N O V A T I O N s Tow sumn S 90,000 TOTAL COST OF PROPOSED PROJECT S 400,000 patc5of19 FPS-A033 0 rCD-k'JJ-GYJ +UC 11 • 14 UCI'11C 11YU U!<.VUr Qd PART // -- EVALUATION CRITERIA L GENERAL EVALUA ION CRITERIA 1_ CAMAL IlVJDMOVEMENT PLAN A. ;s the proposed project identified, in whole or in part, in the applicant's capital improvement plan or schedule during the current or next three (3) fiscal years? (20 poWts) Yes No — OR --- B. Is the proposed project identified as part of the plan thtaugh an adopted resohrtion committing the applicant to amend their capital improvement pica or schedule and complete the project should it receive progam funds? (10 points) X —Yes No y "Yes, " provide a copy of the five year capital improvement schedule included in the applicant's adopted Local Comprdwnsive plan -- OR -- a copy of a resolution amending the existing schedule to include the propased project The capital improvements schedule nwr clearly indkaft the proposed project. Please higltti hi project frame, amotmt and year. (please tab its Exhibit "A") Z- STATE CObapMUNSTVE OUTDOOR RECREATION PLAN A. Bacplain bow the proposed project would address one or more of the issues or goals identifled in the State Comprehensive Outdoor Recreation Plain. Ilse the OUTDOOR RECREAHOX 1N FLOR A -1994 000M Provide quotgae s or odeer appropriate references with explanations t0JAM0 the correlatiotr. (Please tab as Exhibit KB") (4 points) Please refer to Exhibit S. Page 6 of 19 FPS-A033 cri • J TM• TT 7f% Tn r tts—r�r�eaa� 1 1• l w Uel 1fC 1 14U UMUUr y.,V. WNN R �Ka � YIKY 'w�•M ,M... Ifs M4MJ S. 199S RF,LAMIN 1VEED INDEX BYREGION y..a Locate the applicant's region and circle each priority +E' resource/facility need as proposed in the project on page S of�'° • this application which is included in the applicant's planning region: . u...M. (7 Points) N. 'W`" � Vill tL Vfl I Bicycle Riding * Hiking * Freshwater Fishing (No Boat) Horseback Riding *Freshwater Beach Activities*Outdoor Swimming Pool Use x 11 Freshwater Fishing (NO Boat) * $7CjiC18 iZldlIlg `a M Bicycle Riding * Saltwater Fishing (No Boat) Ix MUM W Bicycle Riding * ArahaeologicaUffistoric Sites «_ X1 Saltwater Fishing (No Boat)' Freshwater Beach Activities Hiking * Horseback Riding * Freshwater Fishing (No Boat) Bicycle Riding * Saltwater Fishing (No Boat) VI Bicycle Riding* Hiking* Saltwater Fishing (No Boat) Freshwater Beach Activities * Outdoor Swimming Pool Use VII Bicycle Riding * Horseback Riding VM Bicycle Riding * Saltwater Beach Activities * Hiking * Horseback Riding Hunting' Outdoor Swimming Pool Use IX Bicycle Riding' Freshwater Beach Activities * Nature Study * Hiking Horseback Riding * Hunting * Outdoor Swimming Pool Use * Shuffleboard �X Bicycle Riding' Freshwater Fishing. (No Boat) * Hiking * Horseback Riding Saltwater Fishing (No Boat) * Freshwater Beach Activities * Outdoor Swimming Pool Use X Xl Horseback Riding * Hildn* Hunting * Freshwater Fishing (No Boat) FPS-A033 Page 7 of 19 --- 90.d Tfl:IT Z,n, i4 uer Sggs-RRb-(l4R:Xe4 .. )nT.4 _ -_ Tb: TT M. TC-uPr Cg4C-f2Rh-ftCR_Xpa Cy]IN 15� 17?I/.J7rta - FEB-05-2002 11:15 GEHRING GROUP P.07i17 r F0208 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP- FLORIDA DEPARTMENT OF ENVIR©NMEN'rAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this •-;L.,_ - day of 200�, by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and the Monroe County, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 315.015, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part v, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23, 2000, which is incorporated into this Agreement as if fully -set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Upper Keys Community Pool (Florida Recreation Development Assistance Program, FRDAP Project Number F02208), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as Page 1 of 11 FEE-05-2002 11 15 GEHPING GPOUP P.08/17 described in the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034. _ 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause: Pool facility, hiking trail, picnic facilities, parking, landscaping and other related support facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $ 200,000, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are'based upon the following: DEPARTMENT Amount $ 202,000 50% GRANTEE Match $ 200,000 _ , Type of Match Cash/In-1CCind 5. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre - audit and post -audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Formf DEP Form FPS approve037,referenced in s. 62D-5.056(6)2(g), the DEPARTMENT willrequest for payment. 6. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Agreement by reference ,as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and sized TheoDEPARtTMENTaarnd GRANTEEprovided tolusethe the PROCEDUREDURE.. Page 2 of 11 FEE-05-2002 11:15 GEHRING GROUP P•09f1 PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that ton principles for determining the eligible costs, supping documentation and minimum reporting requirements -of the PROCEDURE shall be used. 7. Allowable indirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 8. Pursuant to $. 215.422, Florida Statutes, the Departmentess,s Project Manager shall have five (5) working days, un otherwise specified herein, to inspect and approve the payment requests for payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a state of Florida agency. The Vendor ombudsman may be contacted at (850)410-9724 or (800)848-3792. 9. In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s. 55.03(1), Florida statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will Tnot he i a enforced unless the GRANTEE requests payment. ate established pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 12 (1999-00) dated December 2, 2000, has been set at 11.0% per annum. or .0003014% per day. The revised interest rate for each calendar year beyond 2000 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Page 3 of 11 FE$-05-2002 11=16 GEHRING GROUP P.10%17 Vendor ombudsman Contractslephone 5ectionn�850P922i5942er provded above or the Department's 10. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 11. PRoaECT funds may be reimbursed for eligible pre -agreement expenses (as defined in S. 62D-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as eMENT and set forth in s.62D-5.055(9) of the RULE. Ethat there shall be the GRANTEE fully understand and agree no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 12. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in S. 62D-D•058(6)(f) of the RULE, to the DEPARTMENT upon determining that the give notice tocG�TEE totcommence thetdevelopmenttNandill give notice approve the request for payment. 13. The Grantee shall obtain all required localf state and federal permits and approvals prior to commencement of project construction and shall certify that it has done so to the Department by completing the Permitting Certification, FPS-A034, referenced in s. 62D-5.058(7){c} of the Rule. 14. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements The GRANTEE may request up on or before to two (2) one (1) year extensions from the DEPARTMENT for good usse ttbehmadeltten priorrequest of the GRANTEE to the PROJECT completion date. requestst m Page 4 of 11 FEE-05-2002 11'16 GEHRING GROUP P.11/17 Project must be completed within 5 years, or money maY revert. 15. Project completion means the project is open and available for use by the public. Project must be completed prior to release of final. reimbursement. 16. Any local governmental entity, nonprofit organization, or for -profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or 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 S. 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 this Agreement; or If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjuryjrishat the -entity Or oentnization has complied with the prothis 17. A copy of the audit or attestation as required in Paragraph 16, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 18. In addition to the provisions contained in Paragraph 16 above, the Grantee shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purr oses of sting the Grantee in complying with the requirements of Attachment 1. if the Grantee fails to receive a revised copy of Attachment 1, Exhibit-1, the Grantee shall notify the Page 5 of 11 FEE-05-2002 11:17 GEµPING GPOUP P,12/17 Departmentco COrthesupd tedsinfozznationat 501488--1895 to request a pY of 19. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non- ` compliance with this Agreement, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due Following receipt of an audit report identifying the DEPARTMENT. The DEPARTMENT, following a review of the documentation an subm�urselrientthe dueGRANTEE, DEPARwill TMENT�orm the GRANTEE o Y 20. 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, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to iPc�heand three�yearthe ree ntEon$periodas for said PROJECT within 21. 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 act on behalf of the GRANTEE relative to the provisions of 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 which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Mntee De ar^tment ra' . thy Bricker 'Ri sat ventry Monroe County Dept. of Environmental protection 89 north Bay Harbor Drive 3900 connonwealth Blvd., MS 585 Key Largo, r1orida 33037 Tallahassee, Florida 32399-3000 Page 6 of 11 FEE-05-2002 11:17 GEHRING GPDJP P.13/17 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof► from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. the pRoJECT and 23. The all?Arecords e ordshrselatedhe right to thereto atsanytreasonable time. any and all r c 24. This Agreement may be unilaterally 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. 25. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, all refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. interest on any refund shall be calculated and determined pursuant to section 55.03(1) of the Florida Statutes. ltoethetshall GpmTEEbbycalculated DEPARTMENT tothe theteW date of paymentts) repayment is made by GRANTEE. 26. The GRANTEE shall coxply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform. this Agreement. 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D- 5.059(2). Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor Page 7 of 11 FEE--05-2002 11:18 GEHR I NG GROUP P. 14117 recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Agreement will result in cancellation of the Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Agreement a notice in writing of the particular re to violations stating a reasonable time to comply. comply within the time period state in the written notice shall result in cancellation of the Agreementandmay result in the imposition of the terms in Paragraph 29. In the event of conflict in the provisions of the Rule, the Agreement and the Project Application, the provisions of the Rule shall control over this Agreement and this Agreement shall control over the Project Application documents. 3o. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable ime to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this AGREEMENT. 31. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 32. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 33. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability,level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. Page 8 of 11 PEP-05-2002 11:18 GEWING GPOUP P.15/17 arty hereto agrees that it shall be solely responsible 34. Each p However, for the wrongful acts of its employees and agents• nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions -of s. 768.28, Florida Statutes. 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. if the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Agreement. 36. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supp subcontractor, ar consultant under a contract with any public public entity, and may not transact business with any p entity in excess of the threshold amount provided in s. of 287.017, Florida Statutes, or CategoryTwo, on tfor he ca period 36 months from the date of being placed victed vendor list. 37. The Agreement has been delivered in the State of Florida and shall be construed in accordance rwith this Agreementlshal7..be Wherever possible, each provision of alid interpreted in such manner as to bray. ioniof thiiseffeCt:ve andvAgreement under applicable law, but if any p shall be prohibited or invalid under applicable law. such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidatingthe of remainder of such provision or the remaining p this AgreementAn Leonion Countyeon or in �'lorida unlesstion proh}ibitedth shall be brought by law. 38. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. Page 9 of 11 FEB-05-2002 11:19 GEHR.ING GROUP P.16/17 39. 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. ct nd may not 40. This assigned inewhole or incpartvwithoutaar the written approval of assignedin the Department. 41. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be lid when each of the partieshave een hereto,�ced andtattachedgto duly executed y the original, of this Agreement. THE REST OF THIS PAGE INTENTIONALLY'LEFT BLANK Page 10 of 11 FEB-05-2002 11=19 GEHRING GPOUP P.17/17 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: Division Director (or Designee) Division of Recreation and Parks BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY By:4,a izWre nee U�q Address: Address: Bureau of Design and Recreation Services 89 North Bay Harbor Drive Division of Recreation and Parks Key Largo, Florida 33037 3900 Co=Donwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 DEP Contract Manager Approved as to Form and Legality: This form has been pre -approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on June 6, 2001 for use for one year. Grantee Attorney lutiOnt ** If someone other than the Cha��mainSi�attpersonttocsign thecontracton statement or other do�stnaccompany the contract. behalf of the county DEP 42-056 ' Revised 05-18-2001 Page 11 of 11 TOTAL P.17 Cc�n;y o�MONROE FLORVA 33040 05)294-4641 Office of the County Attorney P.O. Box 1026 Key West, FL 33041-1026 305/292-3470 -Phone 305/292-3516 - Fax MEMORANDUM TO: Pamela G. Hancock Deputy Clerk FROM: Suzanne A. Hutton Assistant County Attorney DATE: February 28, 2002 SUBJECT: Resolution 090-2002 BOARD OF COUNTY COMMISSIONERS MAYOR Charles 'Sonny' McCoy, District 3 Mayor Pro tem Dixie Spehar, District 1 Murray Nelson, District 5 George Neugent, District 2 Nora Williams, District 4 I am returning Resolution 090-2002 to you, which I signed for legal sufficiency on February 11, 2002. I received information from Shiela that this was not being executed because you don't have an original contract. Please be advised that you do not, nor do I, have an original contract because Mr. Bricker executed the contract on behalf of the county as if he were the mayor without involving the county in the grant process at all. Subsequent to my preparation of this Resolution, Mr. Kolhage advised me that he did not want the County Commission to execute the grant contract itself. Rather, he wanted a document which would provide for the County to be the grantee with the Upper Keys Community Pool, Inc. being the subgrantee with full responsibility for records, grant requirement compliance and audit exceptions. Accordingly, on February 15, I e-mailed to Terri Messler at DEP a proposed grant agreement amendment. A copy of that is enclosed with the Resolution. I had previously sent it over to Mr. Kolhage, I believe by fax, for his input. My files do not reflect what that input may have been. I just got an e-mail back from DEP saying that they were agreeable to the agreement amendment that I prepared and that will be placed on the March agenda. Please call if you have any questions. Enclosures MEMORANDUM TO: Danny Kolhage, Clerk of the Court Suzanne Hutton, Assistant County Attorney Dent Pierce, Public Works Director Sheila Barker, Administrative Services Director FROM: James L. Roberts County Administrator DATE: April 22, 2002 SUBJECT: Upper Keys Community Pool AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA On this date, I returned a call from Tim Bricker of the Upper Keys Community Pool, Inc. who informed me that they have voided the pool management contract with the profit oriented pool management company and they are making arrangements to hire an individual from that organization as a direct employee of the UKCP, Inc. They will then hire additional staff for the management of the pool. A James L. Roberts County Administrator JLR:dif CNTYJo MONROE WEST FLORIDA 33040 (305)294-4641 Office of the County Attorney P.O. Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516 - Fax May 31, 2002 VIA US MAIL and VIA FACSIMILIE (305) 852-6164 Timothy Bricker, President UKCP, Inc. 89 North Bay Harbor Drive Key Largo, FL 33037 RE: DEP Grant Dear Mr. Bricker: BOARD OF COUNTY COMMISSIONERS MAYOR Charles "Sonny" McCoy, District 3 Mayor Pro tem Dixie Spehar, District 1 Murray Nelson, District 5 George Neugent, District 2 District 4 I am faxing to you a copy of the revised agreement that Monroe County would require UKCP, Inc. to enter in order for the $180,000 that we are holding to be transmitted to UKCp. Wednesday, June 5 is the County Commission agenda deadline but I have to be out of the office that day. Therefore, I am hoping you can fax me back a signed copy by 5:00 p.m. on Tuesday, June 4 so that I can get this on the agenda. A hard copy of this letter and originals of the contract are being transmitted to you through US mail. They will have to be signed and returned, but I need a signed copy to put on the agenda first. Please note that as a result of our previous meeting, at which I had given you the first agreement, I have made a number of changes. The verification of the completion of project is clearly moved to the last 10% segment of the project payment. Also, the final as built site plan, completion certification, etc., are clearly denoted as being needed only for the support of payment of the last $20,000. Also, I deleted the requirement that you provide documentation to correct the DEP grant application statement that the proposed project was the subject of a County Commission Resolution committing the County to amend its capital improvement plan to complete the project since DEP indicated that you did not get any points for having checked that off and that therefore it did not matter to them. As soon as you sign this contract, the County Commission approves it, and the required documentation is submitted to Mr. Kolhage's office, the payment of the $180,000 can be processed. I would like to note a response to your April 23, 2002 message to Rep. Sorensen that the reason the County is requiring that you provide documentation to withstand a full government audit is that DEP has four years from the date they pay the last $20,000 to require such an audit and require the County to repay DEP the $200,000 if there are audit exceptions. Since the County did not seek this $200,000 grant to begin with, it did not make a financial decision to commit itself to repaying $200,000 for this project if its staff did not sufficiently document the Mr. Timothy Bricker DEP Grant May 31, 2002 Page 2 project. You may recall that one of the reasons that the County entered into an agreement with your corporation, allowing you to go forward with the pool project, was that the Upper Keys community, by a slight majority, did not want to be taxed to pay for this pool, and it certainly should not result in the entire Keys being taxed to pay for the pool. As a business person, you should understand the County's concern for protection against having to end up taxing the general population an additional $200,000 to repay this grant should the DEP require a government audit within four years and the records be insufficient to satisfy the audit. If you have any questions, please feel free to call. Sincerely, Suzanne A. Hutton Assistant County Attorney SAH:dct cc: James L. Roberts Danny Kolhage ✓ Commissioner Murray Nelson Enclosure AGREEMENT Upper Keys Community Pool THIS AGREEMENT is entered into this day of 2002 by and between Monroe County, a political subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (County), and Upper Keys Community Pool, Inc., a not -for -profit Florida corporation, whose address is (UKCP). WHEREAS, the Florida Department of Environmental Protection (DEP) provides grants to qualified local governmental entities to acquire or develop land for public outdoor recreation purposes; and WHEREAS, on December 14, 2000, the parties to this agreement entered into a lease agreement under which UKCP was required to construct upon premises at the Key Largo Community Park a swimming pool and related facilities and to operate and keep open the pool and facilities daily for use by the general public; and WHEREAS, in an effort to raise funds for construction of the pool and related facilities UKCP applied for and entered into a grant agreement with the DEP to fund a portion of the construction; and WHEREAS, Monroe County did not approve the application for said grant; and WHEREAS, upon receipt of $180,000 of the grant moneys, on February 13, 2002, County approved a resolution accepting the grant and authorizing the Mayor to execute the grant agreement; and WHEREAS, concerns about sufficient documentation and records of the activity funded under the grant raised concerns such that the County submitted to DEP an amendment to establish UKCP as a subgrantee responsible for the recordkeeping; and WHEREAS, subsequent to the County approving on March 20, 2002, said amendment, DEP recanted their direction to go forward with the amendment on the basis that the County as grantee would have to remain responsible for audit discrepancies, and WHEREAS, UKCP executed the construction contracts and made payments for construction, and County did not participate in any of the creation or retention of documentation; now, therefore IN CONSIDERATION of the following mutual promises and benefits, the parties agree as follows: 1. County shall, upon receipt by the County Clerk of sufficient documentation to withstand an audit, and more particularly described in paragraph 2 below, pay the sum of $180,000 to UKCP for the work completed up to the point of UKCP's contract payment request submission to DEP in support of the $180,000 payment to County. Further, upon completion of the project as described in the application to DEP, including the construction of the swimming Pool, picnic facilities, hiking trail, restrooms, parking, and landscaping, and sufficient documentation being provided to Monroe County to withstand an audit, as more particularly described in paragraph 2 below, County shall submit to DEP the final request for reimbursement of the remaining $20,000 and, upon receipt, pay over same to UKCP. 2. In order to receive the $180,000 already paid by DEP to Monroe County and the remainder $20,000 if and when paid to County, UKCP shall submit to Monroe County sufficient documentation to withstand an audit. Upon completion of the project as described in the application to DEP and signed by the UKCP president on October 10, 2000, UKCP shall submit to Monroe County an invoice for the final $20,000 and supporting documentation which County shall submit to DEP after concluding the documentation is complete. The documentation which is required of UKCP under this paragraph shall comply with the accounting standards for governmental entities, in accordance with generally accepted accounting principles, and shall include, but not be limited to the following: contracts for all goods and services acquired during the course of construction of the Upper Keys Community Pool and related facilities, purchase orders, invoices, receipts, check registers or copies of checks issued by UKCP, building permits, inspection reports, change orders, proof of proper licenses held by contractors, construction loans, funding information to establish local matching funds were utilized in the construction process, documentation verifying public input which was obtained through presentation to community organizations and/or opinion survey, copies of quarterly status reports, site plans and boundary maps, copies of proof of publications for the advertisements for all public meetings at which public input was received, minutes of such meetings, and final project plans (including blueprints certified by an insured, registered architect, engineer or landscape architect, identifying the quantity and type of primary outdoor recreation areas). In addition, documentation to support the payment of the last $20,000 shall include the final "as built" site plan signed by UKCP's president, completion certification and Florida Recreation and Parks signatory form describing the entire park, photographs or color slides of the completed project including one of the department identification sign or plaque crediting DEP and the FRDAP, certification that the notice of limitation of use statement has been filed as a permanent part of public property records, the project completion certificate fully executed, and verification that the project was completed within the required time. 3. UKCP shall hold harmless Monroe County from any and all audit exceptions discovered by DEP during the four-year period immediately following the receipt of the last $20,000. 4. The parties hereto have caused these presents to be signed by their authorized representatives. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson (SEAL) ATTEST: UPPER KEYS COMMUNITY POOL, INC. By - Title jdconUKCP By - Title APPROVED AS TO FOR AND AL SUFFI Y. BY ANNE TTON DATE L_ Jun 04 02 10:50a J--nes L Roberts Co Rdmin 3r'---292-4544 p.2 MEMORANDUM To: Danny Kolhage, Clerk of the Court Suzanne Hutton, Assistant County Attorney From: James L. Roberts, County Administrator Date: June 3, 2002 RE: Upper Keys Community Pool As I previously reported, there was a telephone discussion with representatives of the Department of Environmental Protection, the County and the State representative, At the conclusion of that discussion DEP stated that it would send a letter outlining their position on various points. I believe the attached letter does represent their position in the telephone discussion. Based on this information it appears as though the County should move ahead to resolve the Upper Keys Community Pool issue. If there is no objection, the following action should be taken: 1. Based upon Monroe County Resolution 090-2002, the County should submit to the Department of Environmental Protection, sufficient copies of the grant agreement so that Monroe County can assume the grant responsibilities, If this has already occurred, please submit a copy to my office. 2. A grant agreement between Monroe County and the Upper Keys Community Pool, Inc. should be prepared for presentation to the Board of County Commissioners at the June 2002 meeting. This agreement should cover the first FRDAP grant from the State. Immediately upon passage, we should send it to the Upper Keys Community Pool, Inc. I ask Ms. Hutton to please send a draft copy to Mr. Bricker and Mr. Boilini for their review prior to the BOCC action. 3. Since there is a second FRDAP grant to be available for the pool, subsequent to the July 1 start of the State fiscal year, I suggest we prepare similar documents and actions for presentation to the Board of County Commissioners at the July BOCC meeting. Hopefully this will resolve the major issues. If you have any questions, please let me k cc: Board of County Commissioners Sheila Barker, Director of Administrative Services Jun 04 02 10:50a J--%es L Roberts Co Rdmin 301---292-4544 p.3 Jeb Bush Governor Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard David B. Struhs Tallahassee, Florida 32399-3000 Secretary May 28, 2002 NLr- Jim Roberts, County Administrator Monroe County 1100 Simonton Street, Suite 205 Key West, Florida 33040-1026 Dear Mr. Roberts: sir '4 i:. tD MAY 3 0 2002 co1,nn ADM; '!S T RAITOR This letter is in response to your request for additional information regarding the application and grant agreement for the Florida Recreation Development Assistance Program (FRDAP) grant project F02208 Upper Keys Community Pool. I will outline each of your concerns and respond to each individually. 1. Unauthorized signature on application and grant agreement: This issue has been resolved through execution of Resolution No. 090-2002 (attachment A) in which Monroe County accepts F02208 as a grant to Monroe County and the Mayor of Monroe County is authorized to endorse the contract. Was public hearing information submitted by UKCP sufficient to obtain points awarded in application: The information submitted in order to obtain points under each of the three public hearing categories was sufficient and appropriate to obtain the points. The first of these is an advertised meeting held for the sole put -pose of discussing the project. UKCP submitted an advertisement published in a Iocal newspaper to meet this requirement (attachment B). The second item is an agenda or minutes from a regularly scheduled Parks and Recreation Advisory Board meeting. A meeting agenda was submitted which includes discussion of this project (attachment Q. The third item is presentation to community groups or an opinion survey with survey results. Documentation submitted is a letter from Karen Tiedcmann, President of the Key Largo Chamber of Commerce which thanks Jim Boilini for his presentation on September 13, 2000 regarding the project (attachment D). All of these supporting documents were sufficient to award the points. 3. Concern regarding title search: Attached is the Attorney's Opinion attesting to Monroe County's free and clear ownership of this property and a copy of a Monroe County Property Record card supplied by the applicant. These documents were sufficient to show that Monroe County has site control and to allow the application to move forward (attachment E). The results of the Title Search should verify the County's ownership of this parcel. "More Protection, Less Process" Printed on recycled paper Jun 04 02 10:51a J-mes L Roberts Co ndmin 301---292-4544 p.4 4. Amendment 1 to Project Grant Agreement: This is the amendment that the County asked DEP to execute which would hold the County harmless from any non-compliance with the conditions of the grant (attachment F). The governing statute for the FRDAP program states: 375.075 Outdoor recreation; financial assistance to local governments: (1) The Department of Environmental Protection is authorized to establish the Florida Recreation Development Assistance Program to provide grants to qualified local governmental entities to acquire or develop land for public outdoor recreation purposes. Thus, DEP cannot allow the County to transfer responsibility for compliance to UKCP because our grant program is strictly for local governments. The desired outcome could be achieved by executing an interlocal agreement between Monroe County and UKCP. As discussed, we will be available to assist with this if requested. These same issues will arise with the current application for Jacobs Water Park, project F03666, which is on the same piece of property and is contingent upon UKCP funding the development. In order to avoid these problems, the County will need to sign the original grant agreement and execute a separate interlocal agreement with UKCP to cover this project. The information above should address your concerns regarding this project. If you have additional questions, please contact me at 850-488-7896. Sincerely, �� A4-44� Terri Messler, CPRP Community Program Administrator Bureau of Design and Recreation Services Division of Recreation and Parks TCM/tm cc. The Honorable Ken Sorenson, Representative District 120 The Honorable Murray Nelson, Monroe County Commission Jim Boilini, UKCP Inc. Mike Joyner, Legislative Affairs Bruce Deterding, Legislative Affairs Suzanne Brantley, Assistant General Counsel Wendy Spencer, Division Director Mike Bullock, Assistant Division Director Ed Bowman, Bureau Chief Rita Ventry, Community Assistance Consultant CNTY jo'�E�ROE WEST33040 (305)2944641 Office of the County Attorney P.O. Box 1026 Key West, FL 33041-1026 305/292-3470 -Phone 305/292-3516 - Fox June 6, 2002 VIA US MAIL and VIA FACSIMILIE (305) 852-6164 Timothy J. Bricker, President UKCP, Inc. 89 North Bay Harbor Drive Key Largo, FL 33037 RE: FRDAP Grant Dear Mr. Bricker: BOARD OF COUNTY COMMISSIONERS MAYOR Charles 'sonny" McCoy, District 3 Mayor Pro tem Dixie spehar, District 1 Murray Nelson, District 5 George Neugent, District 2 District 4 1 am in receipt of your fax dated June 4, 2002. Apparently I am not getting the same communications as you. The revised agreement that I sent to you was the result of the meeting that we had on April 25, 2002, in Mr. Roberts' conference room and a meeting on May 23, 2002 between Mr. Roberts, Mr. Kolhage and myself. Since I had not seen the changes that you want made to the agreement before late Tuesday, those changes will require some study, and, as you note, I will have to confer again with the appropriate people. It appears that your fax of yesterday afternoon contains yet other changes, which at first glance seem more acceptable. As I stated in my May 31, 2002 letter to you, the fact that DEP has no problem at this time with the grant does not preclude them from conducting an audit within a four-year time period and requiring Monroe County to re -pay the $200,000 if documentation is insufficient. Please understand that I am only trying to protect the County against the potential of having to re -pay the $200,000. It may not be possible for me to work out the various issues with the appropriate people, most importantly Mr. Kolhage regarding documentation and audit issues, and get this item on the June agenda. However, I will do my best to accomplish that task. I have already stated my concern about the $200,000 potential liability to the County and do not believe that the first set of changes adequately protect us. The second set are better but may not be enough. However, the matter will be addressed to Mr. Roberts and Mr. Kolhage. I will discuss the matter with Commissioner Nelson as well, since placement on the agenda will be of big concern to him. As soon as the degree to which we are able to change the language as you request has been determined, I will let you know. Sincerely, 6 Suzanne . Hu ton SAH:dct Assistant County Attorney cc: James L. Roberts Danny Kolhage ✓ Commissioner Murray Nelson CNTY jo'��qNROE WESTDA 33040 (305)294-4641 Office of the County Attorney P.O. Box 1026 Key West, FL 33041-1026 305/292-3470 -Phone 305/292-3516 - Fax t MEMORANDUM TO: Danny Kolhage Clerk of the Court FROM: Suzanne A. Hutton Assistant County Atto ey4 DATE: June 6, 2002 SUBJECT: UKCP, Inc. Agreement BOARD OF COUNTY COMMISSIONERS MAYOR Charles "Sonny" McCoy, District 3 Mayor Pro tern Dixie Spehar, District 1 Murray Nelson, District 5 George Neugent, District 2 District 4 Enclosed please find a copy of Mr. Bricker's correspondence of June 4, 2002 and his proposed changes to the agreement. I suspect this will require yet another meeting between you, Mr. Roberts and myself to determine the extent to which we are willing to make changes and what recommendations will have to be made to the County Commission. Since then, I received another fax from Mr. Bricker. See copy enclosed. Enclosure cc: James L. Roberts (w/ enclosures) Jun-04-02 01:32P P_01 Upper Keys Community Pool, Inc. dba Jacobs Aquatic Center P.O. Box 1994 Key Largo, Florida 33037 June 4, 2002 (305)852-9259 Suzanne A. Hutton FAX 862-6164 Assistant County Attorney P.O. Box 1026 Key West, Florida 33041-1026 RE: FRDAP Grant Dear Ms Hutton, Am in receipt of your letter as of this date; did not see your earlier fax as I was out of town until late June 3. Due in part to the timing issue you have dictated, it will be impossible to review, discuss, correct, or sign a copy of your "revised" agreement before 5:00 p.m. today. However, there are issues that must be resolved before a document resembling the one you have submitted will be approved. Early last month, I provided Commissioner Nelson copies of the attached revisions to your original Letter of Agreement. Presumably, he did not forward it to you. Please review it at this time and merge the revisions with a legally sufficient document. On May 16, 2002, Jim Roberts met with Commissoner Nelson, Jim Boilini. and myself, at the commissioner's office, to discuss the grant. Comments made and the understanding arrived at during that meeting are seemingly contrary to both the revised LOC you have drafted and the statements and tone of your cover letter. Have you conferred with either Jim Roberts or Commissioner Nelson since that date? On May 20, 2002, Jim Roberts participated in a tele-conference with Jim Boilini, Commissioner Nelson, State Representative Ken Sorenson, and staff members of the Department of Environmental Protection, including their legal counsel. In that converstaion, it was made clear to Mr. Roberts that DEP has absolutely no problem with the grant. In spite of this, your revised LOC strikes a contrary position which chooses to ignore the progress made in these discussions. Have you conferred with either Jim Roberts of Commissioner Nelson since May 20? The revisions to the LOC we are providing cover all the points that you feel are essential, only under a different timetable. I encourage you to consider them after conferring with Commissioner Nelson, Mr. Kohlage, and Mr. Roberts. Sincerely, Timot J. i er, Pres. cc: Commissioner Murray Nelson Danny Kolhage James L. Roberts Jun-04-02 01:32P P.02 AGREEMENT Upper Keys Community Pool THIS AGREEMENT is entered into this day of 2002, by and - between Monroe County, a political subdivision of the State of Florida, whose address.. is .Gato Building, 1100 Simonton Street, Key West, FL 33040 (County), and Upper Keys Community Pool, Inc., a not -for -profit Florida corporation, whose address is (UKCP). WHEREAS, the Florida Department of Environmental Protection (DEP) provides grants to qualified local governmental entities to acquire or develop land for public outdoor recreation purposes; and WHEREAS, on December 14, 2000, the parties to this agreement entered Into a lease agreement under which UKCP was required 'to construct upon premises at the Key Largo Community Park a swimming pool and related facilities mod, to operate and keep open the pool and facilities daily for use by the general public; and to establish and maintain recordkeeping, and WHEREAS, in an effort to raise funds for construction of the pool and related facilities UKCP applied for two consecutive DEP/FRDAP grants, each for $200, 000, to fund a portion of the construction, has made project changes intended to enhance the facilities as a direct result of the favorable status of the grants, has been awarded the first of the two and succesfully ranked high enough on the second as to be assured of receiving the funds upon approval of the state budget and within twelve (12) months after completion of the project, and WHEREAS, Monroe County did not approve the applications for said grants; and WHEREAS, upon receipt of $180,000 of the grant moneys, on February 13, 2002, County approved a resolution accepting the grant and authorizing the Mayor to execute the a grant agreement; and �sf �:�sr WHEREAS, concerns about sufficient documentation and records of the activity funded under the grant raised concerns such that the County Finance Department requested verification of requests for and , q payments of funds related to the activity funded under the first of the two grants; and Jun-04-02 01:32P P_03 UKCP did provide said verification of expenses related to the first of two grants, including the matching grants required of the applicant and provided by UKCP; and WHEREAS. UKCP executed the construction contracts and made payments for construction, 04 P are( pursuant to the responsibilities described in the lease with the County, inclusive of the insurance requirements for the General Contractor as defined by the County's Risk Management Department and set forth in the Appendices to the lease, and has retained documentation relative to the construction contracts and payments for construction submitted by the General Contractor, as required by the lease, now therefore follows: IN CONSIDERATION of the following mutual promises and benefits, the parties ogre. s I. County shall, as per the resolution approved by the BOCC-'on February 13, 2002, and based upon verifying documentation previously submitted to the Clerk of Court and the County Administrator regarding the payment of funds related to the activity funded under the grant, Pay the sum of $180,000 to UKCP for the work completed up to the point of UKCP's contract payment request submission to DEP In support of the $180,000 'payment to County. Further, upon completion of the project as described In the application to DEP, Including the construction of the swimming pool, picnic facilities, hiking trail, restrooms, parking, and landscaping to be veered by on-sitei inspection by the appropriate County staff, County shall submit to DEP the final request for reimbursement of the remaining $20,000 and, upon receipt, pay over same to UKCP. Jun-04-02 01:33P P_04 -�..�..�nvr•saVVI • r� e- E � I status Jun-04-02 01:33p p_05 2. The County shall accept, authorize, and otherwise approve the application for the second DEP/FRDAP grant, currently subject to full funding of an additional $200,000, and authorize and approve all subsequent documentation and agreements (identical to the first) that will be forthcoming. UKCP shall provide the matching funds required for the grant, , ft,DEP and the County upon request verifying the expenditure of said funds for the activities related to the grant. The County shall release the funds to, IrM,M a. 3. r UKCP shall submit to Monroe Count sufficient documentation to withstand an auditf and When DEP requires said audit from the County for either gram The documentation which shall &6'riequired under this paragraph shah include those items required by DEP at the time the audit is requested, if ever, in that the documentation shall comply with the accounting standards ofgovemmental entities, in accordance with generally accepted acounting principles. 4. UKCP shall provide previously published documentation that establishes local matching funds were utilized in the construction process, doaumentation v 46 public input was obtained, copies of proof of publications for the advertisements or all �—JSi public meetings required for the grant application process, and minutes of such meetings as a courtesy to the County and not as a condition for release of any of the grant funds. 5. Monroe County shall provide verification that the project was completed wit the required time as set forth in the lease, site plans and boundary maps, and documentation to correct the application statements that the proposed project was the subject of county commission resolutions committing the County to amend its capital improvement plan to complete the project should it receive program funds, and project completion certification by the County Planning and Building Departments. While these items shall be completed in a timely fashion, the release of grant funds to UKCP shall not be dependent on their completion. 6. UKCP shall provide the County with one set of final project plans (including blueprints certified by an insured, registered architect, engineer or landscape architect, identifying the quantity and type of primary odidoor recreation areas), a Florida Recreation and Parks signatory form desalbing the entire park, photographs or colored slides of the completed project including one 6f the department identification sign or plaque crediting DEP and the FRDAP, and certification that the notice of limitation of use statement has been filed as a permanent part of the public property records upon completion of the project but not as a condition for release of any of the; grant funds. /• UKCP shall hold harmless Monroe County ty from any and all audit exceptions discovered by DEP during th -year - - Period Immediately following the receipt of Eqe-iasj� #20,e00:- all the DEP/FRDAP funds currently intended for this project (as previously described). aia p, o,;�P4T , 4-� Jun-04-02 01:33P P_06 8. --4: The parties hereto have caused these presents to be signed by their authorized representatives. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. (S) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK = OF MONROE COUNTY, FLORIDA By - By Beputy Clerk — Mayor/Chairperson n�— (sm) ATTEST: By Title UPPER KEYS COMMUNITY POOL, INC. a1By Tltle Jun-04-02 01:33P P_07 Sep)13 99 03:48P Danny L. KolhaCe 305 295 3615 p,l i Commissioner George NcvaCnt Rr5OLUTION NO, , 387 _I9V A RESOLUTION SUPPORTING THE EFFORTS OF UPPER KEYS COMMUNITY POOL, INC. TO SEEK CAPITAL IMPROVEMENT FUNDS FROM THE'STATE OF -FLORIDAFOR A PU Q(.Y QWNM SWIMMIN!� FACfTY IN THE UPPER KEYS WHEREAS. Monroe County is on aquatic community, whose culture and heritage ore inextricably entwined with the marine environment surrounding its citizens: and WHEREAS, the marine resources ore utilized by a significant ;cement of tho c itizans of Monroe County for commercial and recreational purposes: and . WHEREAS, the use of morn resources for commercial and recrealionol uses carries with it certain inherent risks associated with the ability or inability to safety interact with the water, and WHEREAS, swimming instruction and scuba training ore proven methods for increasing the ability of people to safety interact wig the morine environment: and WHEREAS, o swimming facility would provide an area for open recreation and social interaction for children, teenagers, and families: and WHEREAS, public facaities and programs for the adequate swimming and scvbo training of Monroe County citizens of all ages, are not available to those citizens outside of the Lower Keys and Key West; and � 1 WHEREAS. the Upper Keys Commcx*y Pool, Inc., is a non-profit, 501(c)3 corporation formed to be an advoCote for the creation of o, publicly -owned swimming facility in the Upper Keys and to explore sources for tiding the construction and operation of such a 1' i -til�'1�1'+l►0� 300011 facility; and 39VK16>: rJ ' rs OUTM HOA 03-11-4 Jun=04-02 01:34P 'Sep. 13 JS U3; 4dp nanny L. KolnaCe 30b zS5 3615 P•e P_08 WHEREAS, thu Monroe County Board of County Cormissioners has r:i-pvinkrsly endorsed the offorts of the Upper Keys Community Pool, Inc. to determine the feasibility for the development and maintenance of a publicly -owned swimming facility; and WHEREAS, the need for publicly -owned community swimming facilities in the Upper. Middle and Lower Keys (outside of Key West) conlinutis to be evident and obvious. and that the successful effort to build 4 community pool in the Upper Keys may create a "blueprint" for the creation of similar facilities elsewhere in the County; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA, that: S2Q1iQQl. The board supports and encourages the effaRs of the Upper Keys Community Pool, Inc:. Io work with the 1999-= Florida State Lspislatule to secure capitol improvement funds for the purpose of constructing o publicly -owned swimming facility in the Upper Keys. t' n 2. The County Administrator shall provide approprioto Coordinotion with Upper Keys Community Pool, Inc, to focititate;the objectives set forth in this Resolution. PASSED AND ADOPTED by the Board of County Commissioners of Monroe-, County. Florida, at a regular meeting of said Board held on the 12 day of August, 1999. Mayor Wilhelmina Harvey missioner Shirley Freeman .� issioner George Neupent 'over Mary Kay Reich 'oner Nora Williams (SEAL)1 ��' Attest; DA NY L.KOLHAGE. Clerk �►puty Ierk trelukpoot yes yes :Yra— _ys-s-_.... yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA BY Mayor/Choirman Jun-05-02 01:53P P_01 Upper Keys Community Pool, Inc. dba Jacobs Aquatic Center P.O. Box 1994 Key Largo, Florida 33037 DATE: June 5, 2002 TO: Suzanne A. Hutton Assistant County Attorney FROM: Timothy J. Bricker President, UKCP RE: Letter of Agreement MESSAGE: Attached is a letter of agreement approved as noted. Sheet 1 of 6 i' JUN Q 5 2002 Please contact Wommissioner Nelson about placing it on the agenda for the next BOCC meeting. Jun-05-02 01:53P P_02 AGREEMENT Upper Keys Community Pool THIS AGREEMENT is entered into this day of . , 2002, by and between Monroe County, a political subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (County), and Upper Keys Community Pool, Inc., a not -for -profit Florida corporation, whose address is G& n St C (UKCP). .o.Phlc ��q � i�+.y. i'k- 3a o37 WHEREAS, the Florida Department of Environmental Protection (DEP) provides grants to qualified local govemmental entities to acquire or develop land for public outdoor recreation purposes; and WHEREAS, on December 14, 2000, the parties to this agreement entered Into a lease agreement under which UKCP was required to construct upon premises at the Key Largo Community Park a swimming pool and related facilities and to operate and keep open the pool and facilities daily for use by the general public; and WHEREAS, in an effort to raise funds for construction of the pool and related facilities ( It Ifca SPi.1' f DW A4-ew_ id.,wh AS41u sb:►-- �Va . 38%- /4 % 9 ��1 r.L•d �, UKCP applied for and entered Into a grant agreement with the DEP to fund a portlon of the construction; and WHEREAS, Monroe County did not approve the application for said grant; and 1 WHEREAS, upon receipt of $180,000 of the grant moneys, on February 13, 2002, County approved a resolution accepting the grant and authorizing the Mayor to execute the grant agreement; and WHER co ms about sufficlen documentation and records of the activity funded under the gr t rai n su ha he unty submitted to DEP an amendment to establish UK s a subgran ee responsible le record keeping; and WHE subsequen o the ty oving on March 20, 2002. sold amendment, DEP tconted t 'r dir t dment on the basis that the County as grantee would have to remain responsible for audit discrepancies; and WHEREAS, UKCP rx/g'cuted//the construction /Contra is�an'dy�m�ad�e ym is for consstru�ction,Aad A.¢no! Vany - itiaftC/[+�Y lMJ�{ Gry f Mw. ` may" ■"�.�,1' ^ f �.i� o e crea ion or re en i Jun-05-02 01:53P P.03 IN CONSIDERATION of the following mutual promises and benefits, the parties agree os follows: I. County shall, upon receipt the County Clerk of sufficient documentation to C/ pip �� ; withstand an audit, a w, pay the sum of � $280,000 to UKCP for the work completed up to the point of UKCP's contract payment request submission to DEP in support of the $180,000 payment to County. Further, upon completion of the project as described in the application to DEP, including the construction of the swimming pools picnic facilities, hiking trail, restrooms, parking, and landscape i and su icign� documentation being provided to Monroe County to withstand an audit, as more particularly described In paragraph 2 below, County shall submit to DEP the final request for reimbursement of the remaining $20,000 and, upon receipt, pay over same to UKCP. 2. In order to receive the $180,000 already paid by DEP to Monroe County and the remainder $20,000 if and when paid to jaunty, UKCP shall submit to Monroe County sufficient documentation to withstand an audit Upon completion df the project as described in the application to DEP and signed by the UKCP president on October 10, 2000, UKCP shall submit to Monroe County an invoice for the final $20,000 and supporting documentation which County shall submit to DEP after concluding the documentation is complete. The documentation which Is required of UKCP u er this paragraph shall comply with the accounting standards for �i'�° governmerifal entities, n accordance with generall accepted accounting pri�ciples� and-ehaH-- P....r9 2. nelude, but i-e-ii-.R%;W to the Following or all Dods 2nd ar Ajkd di the co�rc� of oennuCtion of the UoQer Keys ColnmuFelated.s,..petrthast— fflpci�r�lct�PCAr11PS ��ihetl[S �ii}�! InSOPCtlorl rN,..�han��+or�o•= rtrUCtfAi°F t� �Ica fts, -the n i -site-Pk"v&-afW- Jun-05-02 01:54P P-04 blueprints—reCtified. ndscaae rchj�� yrt"—and type of prlrnary outZ>a )— In addition, documentation to support the payment of the last $20,000 shall include the final "as built" site plan signed by UKCP'S president, completion certification and Florida Recreation and Parks signatory form describing the entire parlcYphotoyraphs or--eVkw--GU of the completed project Including one of the department identification sign or P q la ue crediting DEP nd the FRDAP, certification that the notice of limitation of use statement has bee led as a permanent part of Public property records, the project completion certificate fully executed, and verification that the project was completed within the revuired dme �a� Y` d� Sf'pP°v� - i I 2aa/ do o fi Ise.- 3. UKCP shall hold harmless (onrpe County from any and all audit exceptions discovered by DEP during>rd ng the d=yearod immediately following the receipt of the fast $20,000. r� " ? D � �ewt f �.�.rs� 4. The parties hereto have caused these presents to be signed by their authorized representatives. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By - Clerk (SEAL) ATTEST: BY Title ldconuKCP BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA t 8y; Mayor/Chairperson UPPER KEYS COMMUNITY POOL, INC. try:Z7 Title APP40YED AS TO FOR AN Al SUF FI Y, RY ZANNE H TTON (`ATE Jun-05-02 01:54P P_05 Sep,13 99 03:40p Danny L. Kolhaer 305 235 3615 p.l c. 6d Commissioner George Ncudenl RESOLUTION NO, Ski A RESOLUTION SUPPORTING THE EFFORTS OF UPPER KEYS COMMUNITY POOL. INC. TO SECK CAPITAL WIPROVEIAlW FUNDS FROM THE STATE Of .FLOgIpA FOR A ELMUCLY OWNEQ SWIMMING FACILU IN THE UPPER KEYS WHEREAS, Monroe County is on aquotic community, whose culture and heritage ore inextricably entwined with the marine environment svI rounding its citizens: and WHEREAS, the marine resources ore ufilirod bra significant segment of the citizens of ^1 Monroe County for commercial and recreatioml purposes: and WHEREAS. the use of marine resources for OommerClal and recrootional uses carries with it certain inherent risks amcioted with the ability or inabt7ity to safely inferoct with the i water and WNFREAS. swimming instruction and scuba training are proven methods for increasing the ability of people to safety interact with the marine environment: and WHEREAS. a swimming facility would provide'on area for open recreation and social . 4 interaction for children, teenagers, and families: ond. WWEREM, public tacfities and programs tar the adaquate swimrving and scuba training of Monroe County citizens of all ages, are not ovailable to those citizens outside of the (rower Keys and Key West, and WHEREAS, the Upper Keys Community Pool,:Inc., is a non-profit, 501(c)3 corporation formed to be an advocate for the Creation of o publicly -awned swimming facility in tho Upper Keys and to explore sources for funding the construction and operation of such a •v�� 1.1tJlo� 30y'NOw facility: and 'j3 11I9 03t i� , 39dH"10>< ES ;g Wd t E ON 66 Oa003U 110103'11-' Jun-05-02 01:54P P_06 SCP, 13 99 03:48p Danny L. Kolhage 305 295 3613 P.z WHEREAS. the Monroe County Board of :County Comriss;onen hc,s r„evini,cly endorsed the efforts of the Upper Keys Community Pool, Inc. to determine the feasibility for the development and maintenance of a public"wned swimming facility; and WHEREAS, the need for publicly -owned community swimming facilities in the Upper. Middle and Lower Keys (outside of Key West) conlin ,es Iv be evident and obvious. and that the successful effort to build o CoMMUnity pool in the Upper KAys may create a "blueprint" for the Creation of similar facilities elsewhere in the County: now. therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. that: t' n1. The Booed supports and encourooPs the afferts of the Upper Keys Community Pool. Inc. to work with the 1999.2000 Florida State Legislature 10 secure capital improvement funds for the purpose of corufruCfing o publicly -owned swimming facility in the �! I Upper Keys. Section 2. The County AdminWrotor shall 'provide approprioto coordination with UPPer Keys Community Pool. Inc. to faCiiitat&Ihe ObjACtryes set Will In this Resolufipn. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida. at a regular meeting of soil60ord held on the 12 day of August. 1999. Mayor Withelmina Harvey ey a missioner Shirley Freeman yea ,. asioner GOorge Neueent ysB— net Mary Kay Reich yps ner Noro Wilffams yea (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DA Y L.KQ(HAGE, Clerk OF MONROrr COUNTY, FLORIDA Cuty lerk RekApoot Mayor/Chaamon CNTY So�S�ROE WEST 33040 (305)294-4641 Office of the County Attorney P.O. Box 1026 Key West, FL 33041-1026 305/292-3470 -Phone 305/292-3516 -Fax t. n June 7, 2002 VIA US MAIL and VIA FACSIMILIE (305) 852-6164 Timothy J. Bricker, President UKCP, Inc. d/b/a Jacobs Aquatic Center PO Box 1994 Key Largo, FL 33037 RE: DEP/FRDAP Grant Dear Mr. Bricker: BOARD OF COUNTY COMMISSIONERS MAYOR Charles "Sonny" McCoy, District 3 Mayor Pro tem Dixie Spehar, District 1 Murray Nelson, District 5 George Neugent, District 2 District 4 I have reviewed the latest agreement changes with Mr. Kolhage, who is the County Commission's Clerk and the head of our Finance Department, with respect to the documentation and audit issues. As a result of that conversation, I have made changes trying to reconcile the changes you have noted on your June 5 fax with what is needed by the Finance Department in order for them to disburse monies. Most County agreements state that the contractor, which in this case is UKCP, Inc., has to produce all documentation required by the Finance Department in order for payment to be made. Some of the contracts are much more specific as to the documentation is because of discrepancies in understanding that may have arisen in the past. The Clerk's Finance staff have a number of rules, including the accounting standards for governmental entities and generally accepted accounting principles, which they must apply in order to process payment requests. Payment requests have to be accompanied by appropriate documentation showing the contractor's application of payments to goods and/or services for which it is permissible for the County to expend funds. Where, as here, DEP has a very specific set of rules as to what documentation is required, the County would have to require you to submit those documents whether or not we spell it out in the contract. Therefore, to expedite the payment process after an agreement is entered, it seems important to spell out what Finance will require to be submitted in order to comply with the various rules and regulations, including the DEP Grant requirements, in order to disburse the funds. That should eliminate questions later as to why specific documentation is being requested. The changes include language as you noted on page one, with some modification. For example, including the spirit of the resolution language you have noted in the third Whereas clause, in lieu of putting "(attached)", I have used the language "attached hereto as Exhibit A." The sixth and seventh Whereas clauses you indicate to be deleted have been deleted. The language you requested to be changed in the next paragraph has been altered to note UKCP's execution of construction contracts and payments "in accordance with the lease." However, I retained the language regarding the County not participating in the creation or retention of documentation, inserting the word "construction" for clarification. Timothy J. Bricker DEP/FRDAP Grant June 7, 2002 Page 2 I have, for the reasons previously mentioned, left a great deal of paragraphs one and two the same, notwithstanding your proposed changes. However, I have deleted from paragraph two the requirement for "documentation verifying public input which was obtained through a presentation to community organizations and/or opinion survey;" copies of proof of publications for the advertisements for all public meetings at which public input was received, minutes of such meetings." DEP has written to us that they are satisfied that the documentation which was submitted to them and of which we have copies is sufficient for their purposes. Along with the revised agreement, I am providing you a copy of Florida Administrative Code §62D-5.058 and §62D-5.059. Also enclosed are copies of the FRDAP Development Completion Checklist and Grant Accountability Procedure, from which I did take a number of the items that are in the contract that you have either crossed through or put question marks beside. Please note that I did change paragraph three to mirror the language that is in the grant itself, to wit: "3-year period after the fiscal year in which the final project payment is released." I also changed the required time language at the end of paragraph two to make it clear that it's the time frame required by the DEP contract which is August 31, 2004. That shouldn't be a problem since it sounds like you're almost complete at this point. As soon as we can come to an agreement as to what shall be in the agreement between UKCP and the County, I will forward the agreement to Commissioner Nelson requesting that he add the item onto the June 19 agenda. Please call if you have any questions. Sincerely, Suzanne A. Hutton Assistant County Attorney SAH : dct Enclosures cc: James L. Roberts Danny Kolhage Commissioner Murray Nelson AGREEMENT Upper Keys Community Pool THIS AGREEMENT is entered into this day of , 2002, by and between Monroe County, a political subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (County), and Upper Keys Community Pool, Inc., a not -for -profit Florida corporation, whose address is PO Box 1994, Key Largo, FL 33037 (UKCP). WHEREAS, the Florida Department of Environmental Protection (DEP) provides grants to qualified local governmental entities to acquire or develop land for public outdoor recreation purposes; and WHEREAS, on December 14, 2000, the parties to this agreement entered into a lease agreement under which UKCP was required to construct upon premises at the Key Largo Community Park a swimming pool and related facilities and to operate and keep open the pool and facilities daily for use by the general public; and WHEREAS, in an effort to raise funds for construction of the pool and related facilities in the spirit of Monroe County Resolution No. 387-1999, attached hereto as Exhibit A, UKCP applied for and entered into a grant agreement with the DEP to fund a portion of the construction; and WHEREAS, Monroe County did not approve the application for the DEP grant; and WHEREAS, upon receipt of $180,000 of the grant moneys, on February 13, 2002, County approved a resolution accepting the grant and authorizing the Mayor to execute the grant agreement; and WHEREAS, UKCP executed the construction contracts and made payments for construction in accordance with the lease, and County did not participate in any of the creation or retention of construction documentation; now, therefore follows: IN CONSIDERATION of the following mutual promises and benefits, the parties agree as 1. County shall, upon receipt by the County Clerk of sufficient documentation to withstand an audit by DEP or any other entity authorized to conduct audits of County -funded contracts as described in paragraph 2 below, pay the sum of $180,000 to UKCP for the work completed up to the point of UKCP's contract payment request submission to DEP in support of the $180,000 payment to County. Further, upon completion of the project as described in the application to DEP, including the construction of the swimming pool, picnic facilities, hiking trail, restrooms, parking, and landscaping, and sufficient documentation being provided to Monroe County to withstand an audit of the DEP grant, as more particularly described in paragraph 2 below, County shall submit to DEP the final request for reimbursement of the remaining $20,000 and, upon receipt, pay over same to UKCP. 2. In order to receive the $180,000 already paid by DEP to Monroe County and the remainder $20,000 if and when paid to County, UKCP shall submit to Monroe County sufficient documentation to withstand an audit. Upon completion of the project as described in the application to DEP and signed by the UKCP president on October 10, 2000, UKCP shall submit to Monroe County an invoice for the final $20,000 and supporting documentation which County shall submit to DEP after concluding the documentation is complete. The documentation which is required of UKCP under this paragraph shall comply with the accounting standards for governmental entities, in accordance with generally accepted accounting principles, and shall include, but not be limited to the following: contracts for all goods and services acquired during the course of construction of the Upper Keys Community Pool and related facilities, purchase orders, invoices, receipts, check registers or copies of checks issued by UKCP, building permits, inspection reports, change orders, proof of proper licenses held by contractors, construction loans, funding information to establish local matching funds were utilized in the construction process, copies of quarterly status reports, site plans and boundary maps, and final project plans (including blueprints certified by an insured, registered architect, engineer or landscape architect, identifying the quantity and type of primary outdoor recreation areas). In addition, documentation to support the payment of the last $20,000 shall include the final "as built" site plan signed by UKCP's president, completion certification and Florida Recreation and Parks signatory form describing the entire park, photographs or color slides of the completed project including one of the department identification sign or plaque crediting DEP and the FRDAP, certification that the notice of limitation of use statement has been filed as a permanent part of public property records, the project completion certificate fully executed, and verification that the project was completed within the time required by the DEP grant contract. 3. UKCP shall hold harmless Monroe County from any and all audit exceptions discovered by DEP during the three-year period after the fiscal year in which the final project payment is released by DEP under grant contract number F0208. 4. The parties hereto have caused these presents to be signed by their authorized representatives. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk (SEAL) ATTEST: By Title jdconUKCP BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson UPPER KEYS COMMUNITY POOL, INC. By _ Title PROVED AS TO F "�Al SUFF CY ZAN E H TTON 2— V. 9, P. 1315 FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION or Has demonstrated the existence of a full-time ability to provide facility development, programming and maintenance capabilities. 4 points or Has other means of providing facility development, programming and maintenance capabilities. 2 points (f) The Project is supported through a written cooperative agreement between the applicant and a private or public entity in which said entity agrees to famish 10% or more of the cash, land, or labor services for the project. 3 points (g) The project creates or enhances the development, extension or connection of local, regional, state or national Pam, greenways, or trails. The project would provide for increased trail access by (a) connecting an existing, publicly owned and designated recreational trail with a project trail outside the project boundary; or (b) connecting two publicly designated trails outside of any ParL 5 points (2) DEVELOPMENT CRITERIA. (a) The project provides for new development of entirely undeveloped park property: 5 points (b) The project provides facilities identified in the priority ranked index clusters of outdoor facilities needs for renovation and/or new construction identified within the applicant's population density set forth in the Department's study entitled 'Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida", effective December 1995, and incorporated herein by reference: 1. First priority ranked cluster. 6 points for each facility 2. Second priority ranked cluster: 5 points for each facility 3. Third priority ranked cluster. 4 points for each facility 4. Fourth priority ranked cluster. 3 points for each facility 5. Fifth priority ranked cluster. 2 points for each facility 6. Sixth priority ranked cluster. 1 point for each facility (A project facility not listed in the priority ranked indexes will receive a score of a similar facility included in the indexes, as determined by Department staff). (30) maximum points (c) The project, in whole or in part, addresses the priority funding needs for new construction, renovation, or a combination of the two for the applicant's population density identified in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of . Florida", identified in (2xb) above: Higher priority or combination of new construction and renovation. 13 points Lower priority. 8 points (3) ACQUISITION CRMMA. . (a) The Project provides for development of facilities identified in the top three priority ranked index clusters of outdoor facilities nerds for new construction identified within the applicant's population density set forth in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Park Department Facility (R 9100) 62D-5.058 Needs in the State of Florida", effective December 1995, and incorporated herein by reference: 15 points (b) The project provides needed recreational acreage pursuant to the applicant's adopted local comprehensive plan: 15 points (c) The applicant has identified development of the property in their capital improvement plan (CEP) or schedule during the current or next 3 fiscal years: 6 points or applicant has included development of the property as part of the plan through an adopted resolution committing the applicant to amend their CIP and develop the property should it receive program funds: 3 points Specific Authority 375.075 FS law lmpkmmted 375.075(2) FS. History —New 12-10-90. Formerly 16D-5.057, Amended 8-13-98, 8-23-00. 62D-5.058 Grant Administration. The following constitutes procedures for administration of program grants: (1) PROJECT AGREEMENT After, the Legislature appropriates FRDAP funds, the Department and grantee shall enter into a project agreement winch sets forth the responsibilities and duties of each regarding administration of the approved project. The ProJeCt agreement shall contain terms and conditions particular to each project. (2) PAYMENT BASIS. Grantees shall be paid Program funds by the Department subject to the following conditions: (a) Project Costs. Payment of project costs shall be reimbursed as provided for in this rule and in the project agreement. Costs shall be incurred between the effective date Of, and the project completion date identified in, the project agreement except for pre -agreement costs. Costs for appraisals, appraisal review, surveys (boundary and topographic), title searches and project signs are eligible project expenses. If the total cost of the project exceeds the grant amount and the required match, the grantee must pay the excess cost. (b) Cost Limits. Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, project inspection, and other similar fees, are eligible project costs provided that such costs do not exceed fifteen percent of the project cost. (c) Retention. The Department shall retain ten percent of the grant until the grantee completes the project and the Department approves the completion documentation set forth in Subsection 62D-5.058(7xd). ACCOUNTABILITY. The following procedures shall govern t e accounts r6Tity of program funds: (a) Accounting System. Each grantee shall maintain an accounting system which meets generally accepted accounting principles and shall maintain financial records to Properly account for all program and matching funds. (b) Grant and Contract Accountability Procedure. The imtee shall ensure the requirements of the Division's Grant d Contract cream iTit ced , effective, January 23, 1997, incorporated by reference and available from the Department's Division of Recreation and Packs, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850) 488-7896. (4) PROJECT COMPLETION CERTIRCATION. The grantee shall subunit to the Department a Project Completion Certificate, FPS-A037, effective date 08/13/98, hereby incorporated by reference and available from the Department's Division of Recreation and Packs, 3900 (R 9100) 62D-S.0S8 DEPARTMENT OF ENVIRONMENTAL PROTECTION V, 9, P. 1316 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850) 488-7896. (5) REVERTED PROJECT FUNDS. FRDAP funds remaining after termination of a grant award or grantee completion of project shall revert to the Department under the provisions of Section 216.301, Florida Statutes. If any funds awarded during a funding cycle are not accepted by the grantee or become available before termination of the fiscal year for which they were appropriated, the Department shall offer the funds to unfunded applicants in order of priority. (6) ACQUISITION PROJECTS. The following constitutes the specific procedures for administration of acquisition projects: (a) Grant Period. The grantee will have up to one year from the effective date of the project agreement to purchase the property. Department staff will extend this period for good cause such as financial hardship, public controversy, or facxocs beyond grantee's control, at the written request of the grantee. (b) Ownership. Title to land acquired with program funds shall vest in the grantee. (c) PrOmment. The grantee shall purchase the property according to its adopted acquisition methods. (d) Assumption of Title. The grantee shall not purchase the property until the project agreement is fully executed and Department staff approves the commencement documentation required by Subsection 62D-5.058(6)(f), unless otherwise specified in this part. (e) Site Development The grantee will have up to three (3) years from the completion date set forth in the project completion certificate to develop the property. At the written request of the grantee, Department staff shall extend this Period for good cause such as financial hardship, public controversy, material shortage, unfavorable weather conditions, or material factors beyond grantee's control. (f) Commencement Documentation. Prior to commencement of acquisition procedures, the grantee shall submit for approval the documentation described in the Florida Recreation Development Assistance Program Acquisition Project Commencement Documentation Form, FPS-A034, effective date 08/13/98, hereby incorporated by reference and available from the Department's Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850)488-7896. I. Appraisal. Prior to the Department staff authorizing the grantee to commence acquisition procedures, the grantee shall submit to the Department an appraisal, prepared in accordance with the uniform standards of professional appraisal practices, which establishes the fair market value Of the project site. The fair market value of the project site shall be based on its highest and best use. If the property is $500,000 or less in appraised value, one appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required. The appraisals) must be dated no earlier than six months prior to the closing date of the application submission period and prepared by an appraiser on the list of approved appraisers maintained by the Department's Division of State Lands under the provisions of Sections 353.025(6)(b), F.S., 259.041(7xc), F.S., and 18-1.007, F.A.C. The list of approved appraisers may be obtained from the Division of State Lands, Bureau of Appraisal, 3900 Commonwealth Boulevard, Mail Station 110, Tallahassee, Florida 32399-3000. (850) 488-9025. if two appraisals are required for the project, the lower of the approved appraised values is the basis of the acquisition cost for program purposes. 2. Survey. For all acquisition projects, the grantee shall submit to the Department a survey of the project site. The survey must provide a legal description and sketch of the property's boundaries, display known easements and encroachments, if any, be legally sufficient to identify the site, be updated to within one year of the closing date of the application submission period, and must be signed and sealed by a professional surveyor and wrapper licensed under provisions of Chapter 472, F.S. Along with the survey, the grantee shall submit a title opinion, prepared by a member of the Florida Bar or a licensed tide insurer. The title opinion shall cover the prior thirty year period. (g) Completion Documentation. Upon completion of an acquisition and prior to release of the final payment, the grantee shall submit all documentation described in the Florida Recreation Development Assistance Program Acquisition Project Completion Documentation Form, FPS-A036, effective date 08-13-98, hereby incorporated by reference and available from the Department's Division of Recreation and Packs, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850) 488-7896. (7) DEVELOPMENT PROJECTS. The following constitutes the spec procedures for administration of development projects: (a) Grant Period. The grantee will have up to three years from the effective date of the project agreement to complete the project At the written request of the grantee. Department staff will allow up to two one-year extensions for good cause such as financial hardship, public controversy, material shortage, unfavorable weather conditions, material factors beyond grantee's control, or other similar hardships. If the project is not completed within five years from the original contract date, the contract shall be terminated and the project funds shall revert to the revenue fund from which they were appropriated. (b) Procurement of Goods and Services. The grantee shall secure all goods and services for accomplishment of the project according to its adopted procurement procedures. (c) Commencement Documentation. Prior to commencement of project construction, the grantee shall submit for approval the documentation described in the Florida Recreation Development Assistance Program Development Project Commencement Documentation Form, FPS-A034, effective 08/13/98, hereby incorporated by reference and available from the Department's Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850)488-7896. I. Project Preconstruction Certification. Ile grantee shall submit to the Department a Project Preconstruction Certificate, FPS-A035, effective date 08113/98, hereby incorporated by reference and available from the Department's Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850)488-7896. 2. Land Value Match. Prior to the Department staff authorizing the grantee to commence construction of a project utilizing land value as match, the grantee shall submit to the Department an appraisal, prepared in V. 9, P. 1317 FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION accordance with the uniform standards of professional appraisal practices, which establishes the fair market value of the project site. The fair market value of the project site shall be based on its highest and best use. The appraisal must be dated no earlier than one year prior to the closing date of the application submission period and prepared by an appraiser on the list of approved appraisers maintained by the Department's Division of State Lands: under provisions of Sections 353.025(6)(b), F.S., 259.041(7xc), RS., ,and 18-1.007, F.A.C. The list of approved appraisers may be Obtained from the Division of State Lands, Bureau of Appraisal. 3900 Commonwealth Boulevard, Mail Station 110, T lahassee, Florida 32399-3000, (850)488-9025. In lieu of obtaining an appraisal to establish the site's fair market value, the grantee may use the assessed value of the project site supported by documentation of the current assessed value from the County Property Appraiser, Approved fair market or assessed land value not used by the grantee for a match on an approved project may be used as matching funds on a subsequent approved project within two years after the Secretary's approval of the initial project, and the grantee need not obtain a new appraisal or documentation of land value. Such use is limited to one additional project. 3- Survey. For all Projects. the grantee shall submit to the Department a survey of the project site. The survey must Probe a legal description and sketch of the site's boundaries, display known easements and encroachments, if any, be legally sufficient to identify the site, and must be signed and sealed by a professional surveyor and mapper licensed under provisions of Chapter 472, FS. Along with the survey, the grantee shall submit a title opinion, prepared by a member of the Florida Bar or a licensed title insurer. The title opinion shall cover the prior thirty year period. (d) Completion Documentation. Upon completion of the Project and Prior to release of the final payment, the grantee shall submit all documentation described in the Florida Recreation Development Assistance Program Project Development Completion Documentation Form, FPS-A036, effective 08/13/98, incorporated by reference and available from the Department's Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850)488-7896. (e) Inspections. The Department shall perform an on -site inspection of the project site to ensure compliance with the Project agreement Prior to release of the final grant payment. Speck Authority 375.075 FS. law lmplememted 375.075 n History -.New 12-10-90. Formerly 16D-5.0A Amended 8-13-98. 8-23-00. 62D-5.059 Compliance Responsibilities. The following constitutes the general requirements for program compliance: 1 SITE DEDICATION. Land owned by the grantee, which is developed or acquired with FRDAP funds, shall be (R 9/00) 62D-5.059 dedicated in perpetuity as an outdoor recreational site -for the use andMW;TiN-FjFW general public. Land under control other than by ownership of the grantee such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the project completion certificate. The dedications must be recorded in the public property records by the grantee. (2) , WAGEMENT OF PROJECT cl'I'RS. Grantees shall ensure by site inspections that facilities on project sites developed with FRDAP funds are being operated and maintained for outdoor recreational vurwsei for a urn of 11111!11 11, ve 25 from letiom date set forth in the project completion certificate, predate sites shall be open at reasonable times and shall be managed in a safe and attractive manner (3 C NVERSION Should a grantee, within the periods set orth in Subsections 62D-5.059(1) and (2), convert all or part of the project site to other than public outdoor recreational uses, the grantee shall replace the area, facilities, resource or site at its own mengsKe with protect O comparable soo a and quality. . . e Departrnent shall terminate a Project agreement and demand return of the program funds (including interest) for non-compliance by a grantee with the terms stated in the project agreement or this rule if grantee fails to comply with the Provisions of this part or the project agreement. the Department shall declare the grantee ineligible for further participation in FRDAP until such time as compliance has been obtained. 1 LPUBLIC ACCESSIBILITY. All facilities shall be accessible to the public on anon -exclusive basis, without regard to age, sex, race, religion, or ability level. (6) ENTRANCE FEES. Reasonable differences in entrance fees for program projects may be maintained on the basis of residence. Such fees may on y be charged if the tea to parrs management. and it is not simply rely to amount of tax dollars spent by the residents for the Dark: on (7) NATIVE PLANTINGS. In developing a project area with program funds, a grantee shall primarily use vegetation native to the area, except for lawn grasses. (8) POST COMPLETION INSPECTIONS. Department staff shall Periodically inspect completed program sites to ensure compliance with program requirements as stated in Subsections (1), (2) and (3) of this section. Specific Authority 370.023. 375.075 FS. law Implemented 37S.075 FS. History —New 12-10-90. Formerly 16D-5.059, Amended 8-13-98. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM DEVELOPMENT COMPLETION CHECKLIST Notified DEP immediately after completion of projectconstruction that the project -is- complete and sent the follox%ing: Project Completion Certificate, dated and signed' by the liaison agent. (Two Copies) , Final "as built" site plan (detailed specifications not required) for the project, prepared, signed and dated by the party or parties responsible for preparing the final project plans and signed by the liaison agent. (Two copies) A list of constricted. primary outdoor recreation areas and support facilities dated and signed by the liaison agent. (Two Copies) Florida Recreation and Parks Inventory form describing the entire park Photographs or color slides of the completed project including one of the Department identification sign or plaque crediting the Florida Department of Environmental Protection and the FRDAP. Certification that the "Notice of Limitation of Use" statement has-been filed as a permanent part of public property records available for public inspection. (A copy of the project agreement, date boundary map and "Notice of Limitation - of Use"- statement must be filed m ith the public property records.) Final payment request. Mailed final payment from DEP. Mailed grant termination letter from DEP. Final Inspection Complete. Post -Completion File Established. Revised 3/14/95 DevComlist . GRANT ACCOUNTABILITY PROCEDURE EXHIBIT A Applicability The "Grant Accountability Procedure" establishes guidelines agreed upon by the parties for utilization in accounting for grant funds disbursed through grant programs administered by the Bureau of Design and Recreation Services, Division of Recreation and Parks, Department of Environmental Protection (hereinafter "Bureau") for the mutual benefit of the parties. These procedures set forth principles for determining eligible costs, supporting documentation, and minimum reporting requirements to assist both parties in receiving appropriate and timely payment by the Office of the Comptroller. Disbursement of Funds Funds shall be disbursed by the Bureau in accordance with good cash management principles. Grant funds shall be disbursed as set forth within the agreement and provided for by law. The Bureau shall retain up to 10% of its obligation in order to insure compliance with agreement terms and conditions. Retained funds shall be released upon satisfactory completion of said terms and conditions. Disbursement terms shall be negotiated by 1 the parties prior to execution of the agreement and shall be clearly identified in the agreement between the Department and grantee. Reimbursable Costs To be eligible for payment under a project grant agreement, costs must be necessary and reasonable for accomplishment of the project and be directly allocable thereto pursuant to State or Federal laws, rules, or regulations. Cost must be incurred and work performed within the agreement period with the exception of preagreement costs allowed by law or rule and specifically identified within the agreement. Costs cannot be allocable to or included as a cost of any other State or Federally -financed program unless clearly specified in the agreement. Costs must be net of all applicable credits such as purchase discounts, allowances, sales of scrap, and income from incidental services. The following paragraphs identify eligible and ineligible costs under actual cost contracts subject to any limitations of State or Federal law. Contractual services Services provided for a grantee by private or independent contractors shall be evidenced by a formal agreement or contract executed by all appropriate parties specifying the exact terms 2 and conditions. Competitive bid specifications and actual bids received shall be maintained by the grantee. The Contractual Services Purchases Schedule FPS-A040, attached hereto and incorporated herein as Attachment 1, shall accompany payment requests for contractual services. The contractor's name, check or voucher number, contract invoice number, a general description of the services provided, and related project element shall be reported. Eligible Contract costs are costs of work performed by private or independent contractors that are directly related to the accomplishment of the project. Ineligible Contract costs are costs for work performed by private or independent contractors or consultants pursuant to cost plus or contingency fee contracts. Salaries and Wages Payroll registers or journals, payroll warrants, and other financial source documents shall be maintained to substantiate the rates of pay and actual payments to grantee employees. Hours of work reported for grantee employees shall be supported by individual time records, project activity reports, or other operational cost records signed by the immediate field supervisor (foreman) or higher official. These record shall reflect the general categories of work performed. The Grantee Labor Cost 3 Schedule FPS-A041, attached hereto and incorporated herein as Attachment 2, shall accompany payment requests for reimbursement of salaries and wages of grantee employees. The following information shall be reported: a. Last name of employee, initial, and social security number; b. Job classification and description of work performed; C. Project hours this billing; d. Rate of pay; e. Labor cost this billing; and Eligible salaries and wages of employees are those paid by grantee for the performance of work directly related to the accomplishment of the project. Hourly wage rates shall be calculated by dividing the employee's regular gross annual salary for pay purposes by 2,080 gross annual work hours. Overtime charges for such employees shall be eligible costs provided they are necessary. Overtime charges shall be computed in accordance with the grantee's normal procedures for payment of overtime to employees. Ineligible salaries and wages are those of employees responsible for administration and general activities who do not perform work directly related to accomplishment of the project; 4 salaries and wages of employees paid for vacation, sick leave, or holidays, except as otherwise allowed herein; and salaries and wages of employees performing routine daily servicing of equipment, including general maintenance and repair work. Employee Benefits Calculations and supporting documentation used to determine the actual cost percentages incurred by the grantee for employee benefits shall be maintained by the grantee. Employee benefits shall be reported as a line item on payment requests. Eligible employee benefits are the percentage of eligible salaries and wages of grantee employees allowed as a reasonable reimbursement for benefits. The allowable percentage shall be calculated based on one of the following methods: I. A maximum of 15% of eligible salaries and wages of employees who accrue annual, sick, and holiday leave from the grantee; plus a maximum of 25% of eligible salaries and wages of employees who receive other benefits (such as FICA retirement, health and life insurance, and workers compensation) from the grantee; or II. The actual cost percentage incurred by the grantee for employee benefits, if greater than the maximum of 40% 5 as in (I) above, provided that the actual cost percentage can be documented by the grantee. Ineligible employee benefits are those in excess of the rates as established by either of the above methods. Materials and Supplies 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 delivery date, signature of an employee assigned to work on the project, and description of the general use for such materials or supplies. Purchase orders, requisitions, and competitive bid documentation, as applicable, shall be maintained by the grantee for such purchases. Canceled warrants shall be maintained as evidence of payment for such purchases. The Direct Material Purchases Schedule FPS-A042, attached hereto and incorporated herein as Attachment 3, shall accompany payment requests for direct material purchases. The vendor's name, check or voucher number, vendor invoice number, cost, a general description of items purchased, and related project elements shall be reported. Eligible costs of materials and supplies are those consumed or expended in accomplishing the project, including 2 direct purchases from vendors and withdrawals from grantee's stock, and clothing of employees worn for safety purposes. Ineligible costs are those for small tools (e.g. shovels, saws, hammers, drills); clothing or uniforms worn by employees, except clothing worn for safety purposes; and operating, expendable, or replacement parts purchased for grantee -owned equipment used on the project. Equipment Equipment usage logs, project activity reports, or other operational cost reports shall be maintained to reflect the daily use of each piece of equipment. These records shall reflect the general work performed, the name of the equipment operator, and the actual dates and hours of use. These records shall be signed by the immediate field supervisor (foreman) or higher official. Invoices and other documentation, such as canceled checks and purchase orders, shall be maintained to support charges for rental costs of equipment obtained from independent sources. The Grantee Equipment Cost Schedule FPS- A044, attached hereto and incorporated herein as Attachment 4, shall accompany payment request for equipment rental costs or for utilization of grantee -owned equipment. The report (form) shall include the type of equipment and general use, rates or rental costs, actual operating hours, and operating allowances. 7 Eligible costs are all reasonable costs for rental or use of equipment which is required to be used or kept available at the site for accomplishment of the project, except as otherwise specified herein. Such costs shall computed as follows: I. The actual cost incurred for the rental of equipment by the grantee from independent sources for the time such equipment is used or required to be available to accomplish the project. II. Rental rates for the use of grantee -owned equipment, provided the use of each piece of equipment is necessary for accomplishment of the project. Ineligible costs are costs of repairs or servicing of grantee -owned equipment; rental charges incurred subsequent to the need for a piece of equipment for the project; and purchase of equipment for accomplishment of the project. Grantee Stock Materials or supplies taken from grantee's stock or inventory shall be supported by material requisitions or other project cost records signed by the storekeeper and an employee assigned to work on the project. These source documents shall LN describe items in detail and identify the general use of such materials in the project. Appropriate records (e.g., vendor invoices, canceled checks) shall be maintained to support unit costs of the materials based upon the grantee's inventory evaluation. An inventory system with procedures and records in accordance with generally accepted accounting principles should be maintained by the grantee. No warehouse or overhead charges added by the grantee shall be allowed. The Grantee Stock Material Cost Schedule FPS-A043, attached hereto and incorporated herein as Attachment 5, shall accompany payment requests for materials utilized from the grantee's stock or inventories. The material requisition date and number, general description of materials used, and applicable costs shall be reported on the form. Indirect Costs Indirect costs shall be calculated at the approved rate and shall be reported as a line item on payment requests. No specific supporting documentation need be supplied for an approved cost rate unless otherwise specified in the agreement. Eligible costs are the percentage of costs incurred by the grantee which shall not exceed fifteen percent (15%) of eligible salaries and wages of grantee employees (not to include employee benefits), is eligible as indirect costs. The Bureau is 0 authorized to approve a greater rate when an agency documents the need for such rate using generally accepted accounting standards, or when a greater rate is required for the administration of federal funds, except that no rate shall exceed that established by law. Ineligible costs are Indirect costs in excess of the rate established by statute or these procedures. Record Retention and Audits The agreement executed between the Department and grantee establishes the eligible costs, supporting documentation, and billing requirements for the project. In addition to the billing requirements contained in the agreement, grantees, upon request of the Auditor General, Inspector General, or Comptroller of the State of Florida, pursuant to their statutory authority, or the Department, shall supply documentation (such as payrolls, paid invoices, canceled checks, indirect cost calculations) to support their billings. Costs connected with the solicitation or receipt of a grant or contract shall be the responsibility of the grantee and are not eligible for payment, except for allowed planning expenses set forth in the Agreement or in the law governing the programs administered by the Bureau. The grantee shall retain all original records in support of project costs included in the payment requests for three fiscal 10 years after the fiscal year in which final grant payment was made to the grantee, except that such records shall be retained until resolution of matters resulting from any litigation, claim, or audit that started prior to the expiration of the three-year retention period. All records of the grantee in support of project costs included in payment requests shall be subject to review by the Bureau, the Auditor General, Inspector General, State Comptroller, federal auditors, or others who may be authorized by law to audit the records of the Bureau which involve the grantee. Records of the grantee shall be made available at a reasonable time and place at no cost to the auditor unless otherwise required by law. 11 C,cUNTYMNROE KEY WEST F qDA 33040 (309)294-4641 Office of the County Attorney P.O. Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516- Fax June 12, 2002 VIA US MAIL and VIA FACSIMILIE (305) 852-6164 Timothy J. Bricker, President UKCP, Inc. d/b/a Jacobs Aquatic Center PO Box 1994 Key Largo, FL 33037 RE: DEP/FRDAP Grant Dear Mr. Bricker: BOARD OF COUNTY COMMISSIONERS MAYOR Charles 'Sonny" McCoy, District 3 Mayor Pro tern Dixie Spehar, District 1 Murray Nelson, District 5 George Neugent, District 2 Bert Jimenez, District 4 I apologize for the past lengthy fax but I wanted to make sure that we both had all of the same regulatory materials. I am faxing to you a revised agreement, incorporating most of your changes. Some of your changes I have modified slightly but I do not think the changes are so significant as to continue to cause problems. For example, with respect to the final project plans, etc., I changed that to final project plan and all other plans required by DEP. I clarified that reduced copies of large plans are adequate for the County's purposes as long as DEP has on file duplicates of the originally signed plans. Please advise as compromise on. SAH:dct Enclosure cc: James L. Roberts Danny Kolhage soon as possible as to whether this draft is something that we can Sincerely, W Suz e A. Hutton Assistant County Attorney Commissioner Murray Nelson AGREEMENT . Upper Keys Community Pool THIS AGREEMENT is entered into this day of 2002 by and between Monroe County, a political subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (County), and Upper Keys Community Pool, Inc., a not -for -profit Florida corporation, whose address is PO Box 1994, Key Largo, FL 33037 (UKCP). WHEREAS, the Florida Department of Environmental Protection (DEP) provides grants to qualified local governmental entities to acquire or develop land for public outdoor recreation purposes; and WHEREAS, on December 14, 2000, the parties to this agreement entered into a lease agreement under which UKCP was required to construct upon premises at the Key Largo Community Park a swimming pool and related facilities and to operate and keep open the pool and facilities daily for use by the general public; and WHEREAS, in an effort to raise funds for construction of the pool and related facilities in the spirit of Monroe County Resolution No. 387-1999, attached hereto as Exhibit A, UKCP applied for and entered into a $200,000 grant agreement with the DEP to fund a portion of the construction; and WHEREAS, Monroe County did not approve the application for the DEP grant; and WHEREAS, upon receipt of $180,000 of the grant moneys, on February 13, 2002, County approved a resolution accepting the $200,000 grant and authorizing the Mayor to execute the grant agreement; and WHEREAS, UKCP executed the construction contracts and made payments for construction in accordance with the lease, and County did not participate in any of the creation or retention of construction documentation; now, therefore IN CONSIDERATION of the following mutual promises and benefits, the parties agree as follows: 1. County shall, upon receipt by the County Clerk of sufficient documentation to withstand an audit of the $200,000 FRDAP grant funding by DEP or any other entity authorized to conduct audits of County -funded contracts as described in paragraph 2 below, pay the sum of $180,000 to UKCP for the work completed up to the point of UKCP's contract payment request submission to DEP in support of the $180,000 payment to County. Said documents shall consist of duplicates of documentation showing the project activity for which the $200,000 FRDAP grant was made. Further, upon completion of the project as described in the application to DEP, including the construction of the swimming pool, picnic facilities, hiking trail, restrooms, parking, and landscaping, and sufficient documentation being provided to Monroe County to withstand an audit of the DEP grant, as more particularly described in paragraph 2 below, County shall submit to DEP the final request for reimbursement of the remaining $20,000 and, upon receipt, pay over same to UKCP. 2. In order to receive the $180,000 already paid by DEP to Monroe County and the remainder $20,000 if and when paid to County, UKCP shall submit to Monroe County sufficient documentation to withstand an audit of funds relative to the FRDAP grant. Upon completion of the project as described in the application to DEP and signed by the UKCP president on October 10, 2000, UKCP shall submit to Monroe County an invoice for the final $20,000 and supporting documentation which County shall submit to DEP after concluding the documentation is complete. Documentation for the entire $200,000 may be submitted at one time and payment of the final $20,000 released to UKCP upon receipt by County of said funds. The documentation which is required of UKCP under this paragraph shall comply with the accounting standards for governmental entities, in accordance with generally accepted accounting principles, and shall Include, but not be limited to the following: contracts for all goods and services acquired during the course of construction of the facilities and improvements relative to the FRDAP grant, purchase orders, invoices, receipts, verification of payment including transfers as means of payments, documentation re construction permits and contractor licensing, funding information to establish local matching funds were utilized in the construction process, copies of quarterly status reports, final project plans and all other plans required by DEP. Copies of documentation may include reductions of large plans if DEP has on file duplicates of plans as prepared for permitting. In addition, documentation to support the payment of the last $20,000 shall include the final "as built" site plan signed by UKCP's president, completion certification and Florida Recreation and Parks signatory form describing the entire park, photographs or color slides of the completed project including one of the department identification sign or plaque crediting DEP and the FRDAP, certification that the notice of limitation of use statement has been filed as a permanent part of public property records, the project completion certificate fully executed, and verification that the project was completed within the time required by the DEP grant contract. 3. UKCP shall hold harmless Monroe County from any and all audit exceptions discovered by DEP during the three-year period after the fiscal year in which the final project payment is released by DEP under grant contract number F0208. 4. The parties hereto have caused these presents to be signed by their authorized representatives. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Clerk (SEAL) ATTEST: By Title jdconUKCP BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson UPPER KEYS COMMUNITY POOL, INC. By _ Title APPROVED AS TO FO M AND L SUFFIC Y BY NNE A. UTT N r1 A TF - dZ /1urt— 1 1 —02 01 : 50P JUM-07-02 11-01 rmun,Ryq.eut Lvunajr .,a•: / yr r � •..c .., . e,-- �it,CtnJ1�L�Z47'��/ P O 1 n o f 44,�a S �. 44. JUN 11 2002 MONROE COUNTY FLORMA ,w Office of the COMM AT rORNLy Z � PO Sox W26 KICY W"t. FL 3AMI-W26 PHONE - 3OS/292-3470 FAX - 303/292-3316 1 COMPANY;Aakse4ouat RE: 2f FAX NO: PHONE NO: PAGES: DATE: aa� ti .-- a0v 9,W 10 r Fv F..-..-..� .ter .-r i1 �-, . W W. .-v ai .-..- ' G0"ENTS: Cat 6til P.Q.b�i7fe- ��cQs/(T�Pu�-� t 1. e ./ �2.0�� -%ups �,,e �at°.�.dt�:-�Or-. ��""�`.�-7�► kzk rn-11-02 01-50P l P-02 ACI�EMaL+_ Upper Keys Community Pool THIS AGREt MfNr iF entered into this - day of _... Z002, by and 6etv�n Monroe County, a ppl�l subdivision of the State of Florida, whose address Is � Bullding, 1100 Simonton Street to Key West, FL 3304Q (Count). and Upper rRc, a not -for -profit Florida � Community Pool oorporatlon, whose add►�ess is PO Box 1994- iC (UKCP). r tY Largo, FL 33037 WHEREAS, the Florida DePanment of t:nvironmentbl PrDteCtlonoEp qual�ilad local 0av�ernmentaf entitles to � ) Provides grants to acquire or develop land for public outdoor recreation Purpo4eS'. and WHEREAS, on OeCemblr 14, 2000' the ; Parties to this agreement antlered into a lease agreement wirer whkit UKCP was rOquifed to Construct upon p+ernlses at the ted Kry Largo Community Park a swnrnming pool and relabdbUes and to operate and Beep open the pooi u�d fa�lltleL�s �d�ai�y► � � by t� venom, public; and WHO^�^�. In an ef>•Ort to rai,3e illRdS :or construction Of the pool and vela the Spirit of Monroe Countyrelated faCilitispS in �.e0, Resolution No. 387-1999, itta�d flor and enter in0p �'har+eto ax Exhibit A. UKCP applied Qrant a9n6amant with the CEP to Nnd a portion of the C00structlon; and t� WHEREAS, Monroe County did not approve tf►e a PPIk"M ibr the oeP grant; and WHEREAS, upon recript of $180 ,000 0l t)fe grant morays. on Pebrue approved resolution 4'2ddiOo0 rY 13, 2002, County n9 the grant and authpAzing the Ma or to execute the grant t� S9r�eemant; and SAS. UKW executed O ✓ � Pay�srrt�r forconsfMlttian in °k°r'd°"cawith tlhs hale, end a in aw of the creation or Ma6vion of on deam"wation; now. Thwafore bV COMIOERATION of the fouowing "lyrypl Proses OW rfits, the pprtics fdgow� 49� os 1• County tl, u �y + �e R D R P� ra ..I,•�thW County, Clerk Of sufllcrent Qocumentadon to withstand an audit by pEP or any other entity authorized to conduct audits of county -funded L. -L a- - _ . _ r JUn-11-O2 01:50P %( P_03 %J � 3. h.�v � r eontriKU as described In paragraph 2 below, pay the sum of $180,000 to VKCP for the work completed up to the point of UKCP's 4o tract payment request submis 'an to DEP in su port of the $280,000 payment to County^ further, upon completion of the project as descri in the application to OR, Including the construction of 1he swimming pool, picnic fatuities, hildng trait, reatnooms, perking, and landscaping, and sufficient documentation being provided to Monroe e f County to withstand an audit of the DEP grant, a$ more particularly described in paragraph 2 balm, County shall submit to DEP the final request for reimbursement of the remaining $20,000 and, upon receipt, pay over some to UKCP. 2. In order to reMwe the $180,000 already paid by DEP to Monroe County and the remainder $20,OW If and when paid to County, UKCP shall submit to Monroe County sufficient documentation to withstand an audit4�U on compl�� of theproject:at described in the application to DE'P and signed by the UKCP pres ent on d.ctober 10, 2000, UKCP snail submit Monroe County an invoiCa for the final >FZ0,000 and su porting doou ton which Cou ty shall AUIL submit to DEP after concluding the doNmentiuon itl1°is as aired of UKCP under this nil cam �tt� u roe p ptV acco ingV fpr 'LO 0� r6a-�U� goverltmental endues, n elnce with generally acoe►pted s000unting principles, and shall % include, but not be Limited to the fbilowtng: eof trwU for an goods and services enquired during the course of construction of theme 1 fa h ` orders. Involves, receipts, , J a!„t+"s` "o^d �r , cwrrn 1�c6nl�,/) *wfir funding information to establish local mat&*V funds were utilized in the construction process, copies of q Ifterly status reports, sr-man�Pr,at proms py„s nd al/o!1 Jr1 Ifter :red In addition, D �. co ;FJ documentation to support the payrpont of the jai! $20.000 shall Include the n as built' site do untalk Plan signed by UKCP's president~ completion ce f9cetion. and Florida Recreation and Parks signatory form describing the entire park, photographs or color slides of the completed project r ucfio� (a�9� including one of the department Identification sign or plaque crediting OIEp and the FRDAP, P14W PF Dip ties pn �u�o l: c,,fe✓ o i rant Jun-11-02 01:50P P.04 certiAtati*n that the notice of limitation of use statement has been Ned as a permanent part of public property rawrds, the Project completion eettifiicate fully executed, and verification that the project was cortm~ within the tint required by the DFP' grant contract. 3. UKCP shall hold harmless Monrpe County from any and all audit exceptions discovered by DEP during the throe -year period after the fiscal year in which the final Project PaYMOA is released by DEP under grant contract number F020S. 4. The parties hereto have caused the prMnIX to be Signed by their au"VHZed IN WT MftS WHEREOF, the parties he ew. have set their hands and seeiz the day and year first Above written. (5FAL) ATTEST: DANNY L KOLHAGI=, CLERK my ��w�serk (SEAL) ATTEST: YI Title JdCOOU Qa `Da1AJ.,A..,t ,,,,,aA, k fix- s; GOARO OF COUNW COMMISSIONERS 6F MONROE COUNTY, KORIOA ;By Mayor/Chairperson UPPER KEYS COMMUNITY POOL,,, INC. C r-6 944yect . r � - Jul-11-02 09:17A P.O1 i Upper Keys community Pool, Inc. dba Jacobs Aquatic Center P.O. Box 1994 Key Largo, Florida 33037 July 9, 2002 Mr, Jim Roberts County Administrator 1100 Simonton Street, Suite 205 Key West, FL 33040-1026 Re: Jacobs Aquatic Center FRDAP Project No. F03666 Dear Mr. Roberts, I received the great news about the funding of a second $200,000 FRDAP grant for UKCP. It is wonderful news and will help insure the successful operation of the facility, in its critical start-up year, by replenishing borrowed funds used in capital construction. Please let me know if there is anything I can do to help facilitate the transferrence of the funds to the UKCP treasury. I was also informed that the Letter of Agreement, regarding the first FRDAP grant, has been approved by the BOCC and signed. I would appreciae no den to the wing what, (f any, Count additional information is required to have the funds, alreadyp y, released to UKCP. Thank you for your all your help and assistance in coordinating this process. Sincerely, 7a Timothy �'er President cc: State Representative Ken Sorenson Mayor Sonny McCoy Commissioner Murray Nelson County Clerk Danny Kohlage C UNTYMONROE KEY WEST FLORIDA 33040 (305)294-4641 Office of the County Attorney PO Box1026 Key West, FL 33041-1026 305/292-3470 -Phone 305/292-3516 - Fax September 6, 2002 VIA FACSIMILE 852-6164 Timothy J. Bricker, President UKCP, Inc. d/b/a Jacobs Aquatic Center PO Box 1994 Key Largo, FL 33037 RE: Second FRDAP Grant Dear Mr. Bricker: BOARD OF COUNTY COMMISSIONERS MAYOR Charles "Sonny* McCoy, District 3 Mayor Pro tem Dixie Spehar, District 1 Murray Nelson, District 5 George Neugent, District 2 Bert Jimenez, District 4 Monroe County has finally received the grant document from FDEP for the FRDAP Grant for the water playground and associated capital improvements. This grant agreement between the County and the FDEP is being placed on the September 18, 2002 County Commission agenda, along with, hopefully, a proposed agreement between UKCP and the County. I took the agreement that was executed June 19, 2002 and modified it slightly to create the agreement for the current funding. Basically, changes were made to reflect the new FRDAP Grant No. F03666, the Jacobs Water Park portion of the project, the fact that the County will have to submit the documentation to FDEP in order to get the money to pay over to UKCP, and a requirement that there be a permanent sign erected on the project site crediting FDEP with funding a portion of the project. A hard copy of this letter with four (4) sets of originals of the UKCP and County Agreement, along with a copy of the FRDAP Grant, will be forwarded to you. Please execute the agreement and return it to me as soon as possible. Sincerely, Suz a A. Hutton Assistant County Attorney SAH:dct Enclosures cc: James L. Roberts Danny Kolhage MEMORANDUM To: Dent Pierce, Director of Public Works Sheila Barker, Director of Administrative Services Jim Hendrick, County Attorney Danny Kolhage, Clerk of the Court From: James L. Roberts, County Administrator Date: September 4, 2002 RE: FRDAP Grant #2 for Key Largo Community Pool I am enclosing the recently received grant agreement from the Department of Environmental Protection. I would like to try to get this on the agenda for the September BOCC meeting. I would appreciate it if you would review and indicate whether there are any major problems with this issue. I am also asking the County Attorney to prepare another agreement with the Key Largo Community Pool organization, similar to the agreement with Grant #1, so that the funds can be made available to that organization. That should also be on the September agenda. Thank you for your assistance. JLR:pe f� James L. Roberts County Administrator FLOR A Jeb Bush Governor Department of Environmental Protection Mr. Jim Roberts County Administrator Monroe County 1100 Simonton Street, Suite 205 Key West, Florida 33040-1026 Re: Jacobs Water Park FRDAP Project No. F03666 Dear Mr. Roberts: Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 August 23, 2002 David B. Struhs Secretary Attached is your project agreement for the Florida Recreation Development Assistance Program (FRDAP) grant. The grant agreement has been prepared in accordance with your grant application. It is important that you review the agreement to ensure that information specific to your project is accurate. Please execute and return both original copies of the agreement. In signing the agreement, do not complete the blank space for the date. Our staff will date the agreement when formally executed by the Department and one original copy will be returned to you. Thank you for your attention to this matter. If you have any questions, please contact us at (850) 488-7896 or Suncom 278-7896. RFV/Id Attachment Sincerely, Rita F. Ventry Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 klore Protection, Less Process" Printed on recycled paper. F3666 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) Project Grant Agreement (FY 2002-03) - Development This Agreement is made and entered into this --iv- day of 200_, by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and MONROE COUNTY, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Project Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23,2000, which is incorporated into this Project Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Project Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Jacobs Water Park (Florida Recreation Development Assistance Program, FRDAP Project Number F03666), hereinafter called the PROJECT, and enters into this Project Agreement with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Page 1 of 10 Pre-reimbursement/Commencement Documentation Form, DEP Form FPS- A034. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Water Playground, Renovation of Hiking Trail, Restroom, Security Lighting and Other Related Support Facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $ 200,000 50% GRANTEE Match $ 200,000 50% Type of Match Cash and/or In -Kind Services, Land Value 5. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre -audit and post -audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will approve the request for payment. 6. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at (<http://www.dbf.state.fl.us/aadir/mainindex.html). Page 2 of 10 7. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 8. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 9. It is understood by the parties that the amount of this Project Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Project Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 10. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this Project Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Project Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 11. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(6)(f) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. Page 3 of 10 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of project construction and shall certify that it has done so to the DEPARTMENT by completing the Permitting Certification, FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE. 13. This Project Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before _N,�_ (hereinafter referred to as the PROJECT completion date). The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. PROJECT must be completed within 5 years, or money may revert. 14. Project completion means the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. 15. The GRANTEE shall retain all records supporting PROJECT costs for five (5) 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 five-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the five-year retention period. 16. In addition to the provisions contained in Paragraph 15 above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Project Agreement for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP Grants Administrator at 850/488-7896 to request a copy of the updated information. 17. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non- compliance with this Project Agreement, the GRANTEE will be allowed a maximum of 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 Page 4 of 10 documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this Project Agreement. 19. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 20. The purchase of non -expendable equipment is not authorized under the terms of this Agreement. 21. The DEPARTMENT'S Grant Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE's Grant Manager, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Project Agreement. The GRANTEE, 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 which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Page 5 of 10 Grantee's Grant Manager Mr. Jim Roberts County Administrator 1100 Simonton Street, Suite 205 Key West, Florida, 33040-1026 Department's Grant Manager Rita Ventry Dept. of Environmental Protection 3900 Commonwealth Blvd., MS 585 Tallahassee, Florida 32399-3000 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 24. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 25. Prior to the closing of the PROJECT the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this Project Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required until refund and interest is paid to the Department. 26. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D-5.059(1). Land under Page 6 of 10 control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Project Agreement will result in cancellation of the Project Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the Project Agreement and may result in the imposition of the terms in Paragraph 25. 29. In the event of conflict in the provisions of the RULE, the Project Agreement and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. 30. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this Project Agreement. 31. The State of Florida's performance and obligation to pay under this Project Agreement is contingent upon an annual appropriation by the Florida Legislature. 32. This Project Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the legislative, judicial, or executive branch of local, state, or federal government. 33. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. Page 7 of 10 B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. 34. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of the Immigration and Nationality Act 8 USCA s.1324a(1)(A). If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Project Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Project Agreement. 36. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 37. The Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Project Page 8 of 10 Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 38. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 39. This Project 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. 40. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 41. 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 executed by each of the parties hereto, and attached to the original of this Project Agreement. Page 9 of 10 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: -NZ _ Division Director (or Designee) Division of Recreation and Parks MONROE COUNTY By: Person Authorized to Sign Printed Name Title Address: Address: Bureau of Design and Recreation Services 1100 Simonton Street, Division of Recreation and Parks Suite 205 3900 Commonwealth Boulevard Key West, Florida 33040-1026 Mail Station 585 Tallahassee, Florida 32399-3000 DEP Grant Manager Approved as to Form and Legality: This form has been pre -approved as to form and legality by Jerome I. Johnson, Assistant General Counsel, on July 26, 2002 for use for one year. DEP 42-058 Revised 04-05-2002 Page 10 of 10 Grantee Attorney SINGLE AUDIT ACT - SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://asie.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-203 (02-03) Page 1 of 4 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at httn://www.eog.state.fl.us/ for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.lee.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/, and the Auditor General's Website htti)://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE. This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Rita F. Ventry Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 DEP 55-203 (02.03) _ Page 2 of 4 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Rita F. Ventry Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Rita F. Ventry Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 DEP 55-203 (02-03) — Page 3 Of 4 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Rita F. Ventry Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 (specify appropriate number of years, should be at least five years) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Comptroller, or Auditor General upon request for a period of 3 (specify appropriate number of years) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-203 (02-03) Page 4 of 4 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Cate o State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97 F.S.• State Program Number Funding Source State Fiscal Year Catalog of State Financial Assistance Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category F03666 Florida Forever 02 03 37017 FRDAP $200,000.00 140002 Total Award For each program identified above, the recipient shall comply with the program requirements described in the Federal Catalog of Domestic Assistance (CFDA) [httn:/Iaspee.os.dhhs.aov/cfda] and/or the Florida Catalog of State Financial Assistance (CFSA) [http://sun6.dms.state.fl.us/fsaa/cataloa.htm]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. Oct 24 02 03:54p James L Roberts Co Admin C UNTYjonNROE KEY WESTFLORIDA J3040 (305)-094-4641 Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West, Florida 33040 (305) 292-4441 — Phone (305) 292-4544 - Fax October 24, 2002 The Honorable Ken Sorensen P.O. Box 699 Tavernier, Florida 33070 Fax: 305-853-1949 Email: Sorensen.ken@leg.state.fl.us The Capitol Tallahassee, Florida 32399 Dear Representative Sorensen: 305-292-4544 ^1�-p. 1 BOARD OF COUNTY CoMM,I55I0NERs Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem Dixie M. Speh,sr, District 1 George Neugent, District 2 Bert Jimenez, District 4 Murray E. Nelson, District 5 You recently inquired about the status of funding for the State grant to support the Key Largo Community Pool. I assume you mean the second FRDAP Grant that is coming from the State. The Board of County Commissioners previously approved both the State/County Grant Contract and the County/Community Pool Subgrant Agreement. Those were returned to the State and the Pool Corporation, respectively. The Pool Agreement was returned to the County, signed-, however, the State has not returned its contract signed to the County. Therefore, in order to proceed with providing funds to the pool, the following must occur: 1. The State must return a signed contract to the County. The State must then provide the County with the grant funds. 3. The Pool Corporation must then provide the justification to draw down the funds. If you have any further questions, please let me know. Very truly yours, James L. Roberts County Administrator JLR: pe cc: Board of County Commissioners Danny Kolhage, Clerk of the Court Sheila Barker, Director of Administrative Services Dent Pierce, Director of Public Works C WNW SO�MONROE KEY WESTLORIDA33040 (305) 294-46t, Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West, Florida 33040 (305) 292-4441— Phone (305) 292-4544 — Fax November 13, 2002 Timothy J. Bricker, President Upper Keys Community Pool, Inc. dba Jacobs Aquatic Center P.O. Box 1994 Key Largo, Florida 33037 Dear Mr. Bricker: Mayor Ili nny' McCoy, Mayor Pro Tem .�bde M. Spehar, ., George Neugent, District 2 Bert Jimenez, District 4 Murray E. Nelson, District 5 On October 4, 2002 the Reporter newspaper had an article concerning a therapeutic massage center that had opened at the Jacobs Aquatic Center at the Key Largo Community Park. The County was unaware that this was to occur and we have reviewed this service in the public facility in comparison with your lease with Monroe County and the FRDAP grants. It would be appreciated if you would provide a written response to the following issues: 1. There is apparently nothing in the two FRDAP grants suggesting that the Department of Environmental Protection would provide monies for the development for a facility that would be leased to private concessions. There does not appear to by any type of approval for a private concession to function at the site. 2. Your lease with the County specifies that you may subcontract with not -for -profit entities for the operation of a swimming pool and related facilities. This is subject to County Commission approval and also the approval of the Florida Communities Trust. Apparently TROPICAL TRANQUILITY is not a non-profit organization and, therefore, may not conform to the rules. In any case, there was no request submitted to the County for such a use. Please explain and provide any information as appropriate. 3. Why was there no request of the County or the State to approve the establishment of this activity as required? The County's concern is for the operation of the entire park according to agreements with the Florida Communities Trust and the lease with the Upper Keys Community Pool, Inc. We would appreciate a written response concerning the issues that have been raised. Very truly yours, James L Roberts County Administrator JLR:pe cc: Suzanne Hutton, Assistant County Attorney Dent Pierce, Director of Public Works Sheila Barker, Director of Administrative Services Dannv Kolhaae, Clerk of the Court MEMORAND U.11 TO: Suzanne Hutton Assistant County Attorney FRC James L. Roberts County Administrator DAI October 8, 2002 SUB .CT: Jacobs Aquatic Center AAA/ AAAAAAAAAAAAAAAAAAAAAAAAAAAAAM AAAAAAAAA/AAAAAAAAAAAAAAAAA/AMMA I am enclosing an article from the October 4, 2002 Reporter in the Upper Keys in refer ce to the establishment of a therapeutic massage center at the Jacobs Aquatic Center at Key ergo Community Park. I do not recall this coming before the County Commission for any type 'approval and have a variety of questions. Please review this situation in conjunction with the 1' .owing issues: 1. Is this an acceptable activity under the grant agreements ;rom the Florida Department of Environmental Protection? 2. Is this an acceptable activity under the Lease Agreement between Monroe County and the operators of the Jacobs Aquatic Center? 3. Does the establishment of this activity require prior approval from either the state or the County? 4. Are the two FRDAP applications in jeopardy because oft lie existence of this service? James L. Roberts County Administrator JLR: '' Cc: finny Kolhage. County Clerk ant Pierce. Public Works Director _ive Koppel, County Engineer ieila Barker, Administrative Services Director , P October 4, 2002 Business The Reporter • Page 21 `. r en Ther"Feutic massa a center o_ g opens , Jacobs Aquatic Community Park. Ginny Cataldo recently Center is the site opened her new office, Tropical Tranquility. A therapeutic massage center "It's a perfect location has opened at the Jacobs Aquatic because, in addition to other Center at Key Largo forms of massage, I offer aquat- ic massage and JAC is a fabu- lous location with three heated pgols," she said. "While admission to the aquatic ' center is not necessary if a Ginny Cataldo client is com- ing for a massage, I can offer a discounted admission to JAC and a client can swim and sun all day long." Cataldo is a licensed and nationally certified massage therapist. Her specialties include Swedish, deep tissue, hot stone and aquatic massage. She will be adding body treatments and wraps in the near future. Cataldo moved to the Keys in 1999 to become involved with marine mammals. She has worked at Dolphin Research Center and Theater of the Sea. She is a manatee assessor and rescuer and a volunteer with the Marine Mammal Conservancy. She is also active with the Upper Keys BPW (Business and Professional Women's Club). She can be reached Tropical Tranquility to schedule a mas- sage or aquatic massage at 453- 3772 or 394-1354. a eut�c m �:. ILL p i assageF� erer Fo Dens- .IQCO�S 44uUtZC; P` 'n" ' �.$ r -`Iouss _ location -Gmny YCataldo recently with three Center is the'slfe her new office, Tropical heated pQo" x `F Tranquility y�- L `she said. A therapeutic massage center ` It's . a perfect location "- While has -opened at the -Jacobs Aquatic because, in addition _to other }admission to Center , at - Ke Lin- `;forms of massage I offer aquat- the :` ;aquatic _ Y_ , Yc massage and JAC is a Tabu- center `is 'not •'" ` Ginny Cataido clle co a RONORED us ing for a massage, I can offer a Y discounted admission to JAC . and a client can swim and sun all dLVday long„ 'Cataldo is a licensed and - i�wtionally certified massage _ �erapist. - `Her -j;specialties include Is wedish, deep tissue, hot stone aquatic massage. She will be ... s ding body treatments and F s in the near future. . Cataldo moved to the Keys in _ ;_099 to become involved with " marine mammals. : She has Fcokked at Dolphin Research Center and Theater of the Sea. he is a manatee assessor and and a volunteer with the ')ltiarine Mammal Conservancy. ; :She is also active with the Upper Holiday Isle's Employes of thdepartmsrM: Norris has worked for te Month for August Is Jimn� ' jd Keys -- BPW (Business and the maintenance -Professional Women s Club). M rosmt for A': She can be reached Tropical a year and win receive sioo, a certlfkaKs of achievement and viP perking. Shown are (from left) General Manager Sett. Simmons, Tranquility to schedule a mas- - Norrie and Director of Maintenance Bill Clemerib. r : : aq massage at 453- ..,.. a or uatic i -`3772 or 394-1354. Jacobs Aquatic Center 320 Laguna Ave Key Largo, FI 33037 December 11, 2002 James L. Roberts Monroe County Board of County Commissioners Office of the County Administrator 1100 Simonton Street, Suite 205 Key West, FI 33040 Dear Mr. Roberts I am writing to you in response to a letter you sent to former president, Tim Bricker, dated 11 /13/02. The Jacobs Aquatic Center has a strict policy on programmers using the facility (copy enclosed), which dictates qualifications and necessary insurance requirements. There are no leased agreements with any individuals or groups. In the case of Tropical Tranquility, no money is collected for rent and Ms. Cataldo operates under the exact perimeters as everyone else who programs. In May 2002, Ms. Ann Wild, Chief Bond Counsel for the DCA, approved the manner in which money is stipend to programmers. The Jacobs Aquatic Center follows her recommendations exactly. All monies from programming flows through Upper Keys Community Pool, dba Jacobs Aquatic Center in order to comply with FRDAP and FCT guidelines and is consistent with Ms. Wild's opinion. The Jacobs Aquatic Center has turned down numerous programmers where we felt any compromise would be necessary. The last thing anyone wants is to compromise our position with the County and the County's position with the State. Additionally, we pledge regular communications and data, as the County deems necessary. 1 will be happy to further discuss any other concerns as needed. Thank you for the County's support of Jacobs Aquatic Center. Sincerely, Dr. Boilini President Jacobs Aquatic Center JJB cc: Suzanne Hutton, Assistant County Attorney Dent Pierce, Director of Public Works Sheila Barker, Director of Administrative Services Danny Kolhage, Clerk of the Court C OUNTY JoMONROE KEY WESTFLORIDA 33040 (305)294-4641 Monroe County Board of County Commissioners Office of the County Administrator The Historic GaW Cigar Factory 1100 Simonton Street, Suite 205 Key West, Florida 33040 (305)292-4441 — Phone (305) 292-4544 — Fax November 13, 2002 Timothy J. Bricker, President Upper Keys Community Pool, Inc. dba Jacobs Aquatic Center P.O. Box 1994 Key Largo, Florida 33037 Dear Mr. Bricker: BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Bert Jimenez, District 4 Murray E. Nelson, District 5 On October 4, 2002 the Reporter newspaper had an article concerning a therapeutic massage center that had opened at the Jacobs Aquatic Center at the Key Largo Community Park. The County was unaware that this was to occur and we have reviewed this service in the public facility in comparison with your lease with Monroe County and the FRDAP grants. It would be appreciated if you would provide a written response to the following issues: 1. There is apparently nothing in the two FRDAP grants suggesting that the Department of Environmental Protection would provide monies for the development for a facility that would be leased to private concessions. There does not appear to by any type of approval for a private concession to function at the site. 2. Your lease with the County specifies that you may subcontract with not -for -profit entities for the operation of a swimming pool and related facilities. This is subject to County Commission approval and also the approval of the Florida Communities Trust. Apparently TROPICAL TRANQUILITY is not a non-profit organization and, therefore, may not conform to the rules. In any case, there was no request submitted to the d, County for such a use. Please explain and provide any information as appropriate. 3. Why was there no request of the County or the State to approve the establishment of this activity as required? The County's concern is for the operation of the entire park according to agreements with the Florida Communities Trust and the lease with the Upper Keys Community Pool, Inc. We would appreciate a written response concerning the issues that have been raised. Very truly yours, James L. Roberts County Administrator JLR:pe cc: Suzanne Hutton, Assistant County Attorney Dent Pierce, Director of Public Works Sheila Barker, Director of Administrative Services Danny Kolhaqe, Clerk of the Court r Mail n Inbox: Message F4 Sent Trash Draft Folders... cu. I 41-41 Get Write Address Reply Reply Forward Keep Delete Mail Mail Book All As New Subject: Re: FCT, Jacobs Aquatic Center, Upper Keys Community Pool Date: Thu, 2 May 2002 12:35 EST From: A^Ann Wild" <Ann.Wild@dca.state. fl.us> To: A<odinparadise@netscape.net> GET A 49 Sele( Preferences I Help I Sign Out Move Message To... -I « Previous I Next » ®Thanks for your questions. Your process for all fees for programs and classes being paid into the UKCP which in turn would hire and pay the providers would be satisfactory to FCT. >>> <odinparadise@netscape.net> 05/01/02 05:14PM >>> Dear Ms. Wild- I am James Boilini, President Elect of Upper Keys Community Pool, dba Jacobs Aquatic Center. We are a 501-c-3 Corp. We have leased the land from Monroe County to build an aquatic complex. The tract of land we have leased is a part of a 14+ acre parcel of Key Largo Community Park. The land was acquired with FCT funds. We have hired an aquatic director who is an employee of UKCP. There is very much interest from the people in the community to provide a variety of programs at JAC. We have been approached from many individuals and organizations to program and provide a wide array of classes, events and programming. These individuals and organization are both profit and nonprofit. As a 501-c-3 corp., all the money for programming, events and classes at the JAC will go through us (UKCP). The question is-- Is it within FCT guidelines to have both profit and nonprofit operate programs at the JAC? Since all monies will pass through us (KLCP), can we stipend back to all those who program and give classes (both profit and nonprofit) for their time and efforts? If "for profit" are a problem, how do we handle the vast number of vendors ( pool chemicals, wateer, security, ect) who are "for profit"? It is our desire to remain in complete compliance with the FCT agreement and we need to know soon. The pool opens June, 2002. Your favorite stores, helpful shopping tools and great gift ideas. Experience the convenience of buying online with Shop@Netscape! http: //s}ioE�now. nest s�aF�a. ��m/ Get your own FREE, personal Netscape Mail account today at htt.p://webmaiI.neiscape.com/ Get Write Address Reply Keep -As « Previous I Next » http://ncmail.netscape.com/msgview.adp?folder=S W5ib3g=&uid=86022 11 /26/2002 t , XI October 4, 20 .t Lam.. ° g� Therapeutic massage center .-o :ens p Jacobs Aquatic ConlmumtyPa&'x' = lous `location'. Gi my ', Cataldo' recently Center ZS opened her with three _the Site, 3 a , new office, Tropical heated ppols," Tranquility. _ `she said. A therapeutic massage center ., � "It's a. . perfect location ' "- W h i 1 e has opened at the Jacobs Aquatic because, in addition . to other admission to Center r at Key Largo forms of massage; I offer squat the aquatic is massage and JAC is a fabu `.'center' is not necessary if a Ginny Cataldo client is com- ing for a massage, 1 can offer a 1 v ", discounted admission to JAC - z _ 'and a client can swim and sun all 10 day long.,, 'Cataldo is a licensed and �:.hationally certified massage Holiday Isla's Employee of the Month for August Is Jimmy Norrie of the maintenance department. Norris has worked for the resort for a year and will receive $100, a certificate of achievement and VIP parking. Shown are (from left) General Manager Scott Simmons, Norris and Director of Maintenance Bill Cements. .Her ° specialties include ''Swedish, deep tissue, hot stone and aquatic massage. She will be adding body treatments and ;'wraps in the near future. . Cataldo moved to the Keys in 1999 to become involved with marine mammals. < She has worked at Dolphin Research Center and Theater of the Sea. he is a manatee assessor and 'rescuer and a volunteer with the 'Marine 'Mammal Conservancy. She is also active with the Upper Keys BPW (Business and Professional Women's Club). " She can be reached Tropical Tranquility to schedule a mas- sage or aquatic massage at 453- '3772 or 394-1354. -Information for Programmers - Thank you for your interest in providing programming at Jacobs Aquatic Center. Jacobs Aquatic Center's earnest desire is to provide a wide variety of learning programs. We strongly encourage community participation at all levels. The property on which the Key Largo Community Park and Jacobs Aquatic Center is built was purchased with assistance of Florida Community Trust monies. Therefore, both Key Largo Community Park and Jacobs Aquatic Center are obligated to all regulations in which the Florida Community Trust has set in place. According to the Florida Community Trust and Monroe County regulations, the following are required before programming can begin. All programmers must comply with these regulations. Liability Insurance in the amount of $1,000,000.00. The insurance form must list the following certificate holders as an additional insured. Upper Keys Community Pool, Inc. D/B/A Jacobs Aquatic Center 320 Laguna Ave. PO Box 1994 Key Largo, FL 33037 • State license or certification, State Registration, Monroe county Certificate of Competency in your specific career field. ( Note: If there is not a specific license in your career field, you are not responsible for this requirement.) • Monroe County Occupational license for your business, if applicable. • The person interested in programming must have been active in the respected field for a minimum of 5 years in the last 10 years. • We will need both SOCIAL NUMBERS and DRIVER'S LICENSE NUMBERS of everyone for a background check. • A list of 5 references must be provided. • Our insurance provider recommends these guidelines to insure the protection of everyone using the facility. The Florida Community Trust mandates that all fees and monies from programming at the Jacobs Aquatic Center must go directly to the facility. In other words, all fees and money collected must first go to Jacobs Aquatic Center. Florida Community Trust insists that no one individual, organization or corporation be paid directly while conducting programming at Jacobs Aquatic Center. Jacobs Aquatic Center will then return 80% back to the programmer. The 20% is retained by Jacobs Aquatic Center for facility usage and overhead. However, if the vast majority of the programmers work is outside the Jacobs Aquatic Center, then only actual pool time will be charged. A relevant example of this is SCUBA instruction where pool time is only a fraction of the time provided by the programmer. If you have questions, please don't hesitate to ask our friendly, helpful staff. For questions, 305-453-SWIM. w U) Z z VJ o z �°"05 X >- W aF-cr F-z� J F¢ x ul 0 QOW .axW� W3Fviz z0 F �U -� 0 az�¢� ZZJF �JZ. DwwQ¢ m¢zF-O O gwOp Q Z x aap� N o N NWa W rh F- z U pw ww J 2 wZ ZQ Ucl 0.(A (n0 LLO2 �m m0¢ N C7 U w?M gJ0 z2OQ r.- r C7 r•` !7. Ld .-- Lf1 _1 't _1 r} !� M Q W_ h- r- W-. r j teJ �s Ci !,.I "C' •^J !j W X rJ 1 II. Z . Q. 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W U U C � .� ►•�__•: ..;a �\ai •. • 1+ +lr �.�.' f��+,.��..�.'/ ��1``\� �.1 j+�+,.`� �.� / / � Il`` �.1 //j ��,1.`�•r..• / +�1 \`� �.. / � � \`` � • // � 1 \\�••.. fi � + \`� 1.. / � + \`,,r.. /,j l + \ \'� :• iI. /I j:: `.\•t•I �� "�i��i�i i -►�•i i��i �. •..III This recognizes that CUPPETT KELLI has completed the requirements for LIFEGUARD TRAINING R.02 conducted by USNH POOL Date completed / The American [fed Cross �e4o�►u�es dils0cerdficat, as valid for ; year(s) from completion date. C H This recognizes that 0 � CUPPETT KELLI IV 16 N. ( w has completed the requirements for •4 d e CPR -PR R.02 conducted by USNH POOL Date completed 0 4/ 2 5/ 0 2 The American Red Cross recognizes this certificate as valid for 1 year(s) from completion date. �m Cc S � USA SWIMMING One Olympic Plaza 4ACOB �� C ;' G U KEY LO ' 3 r G RP Y• 'a� {hs 0 A Za: is a coach member of USA Swimming Membership Expires 12-31-2003 ............ . . .................... . •BulwwlMS Vsn +o lenoidde 044 411M PUB 10 11e4aq uo Bug0e aie A841 ue4M (elgllonpaP OOLS a of 3oolgns `leolpew i lueppae sssqxa pus Ayllgep Ajewlid) eoueinsul BulwwlMS Vsn 411m pajan00 0.3e sjagwaw 40e00 paJOISIBaJ BulwwlMS VSn i 959Z-f7Z5l6S6 l0£££ "Id `3-1VGH3Gf1V"I 1HO3 iHf1O3VGNVWVIV LZ9Z 'ONCONIWWIMS 1SVO3 (11O0 VGIHO-14 :01 SNOI1S3n0 NO11VU1SI03U 103d14 8L5b-998161L OLLS-60608 00 's6uudS opejolo0 Weld oldwA1O ouO 6ulww!ms vsn :0130N3aNOdS3HIJO0 30NVHnSNI 103810 11 r SUZANNE HOUSTON G Tim Cemficat{on Number S. ;o. Aquatic Ex t Date Fitness Instructor 9{E71 CertiftedSince Oct 29 02 09:27a James L Roberts Cc Rdmin 305-292-4544 p,2 (2T NTYjonNROE WESTDA33040 (305)294-46d1 Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516 - Fax - C -. BOARD OF COUNTY COMMISSIONERS MAYOR Charles "Sonny" McCoy, District 3 Mayor Pro tem Dixie Spehar, District I l ' j Murray Nelson, District 5 George Neugent, District 2 Bert Jimenez, District 4 MEMORANDUM TO: James L. Roberts County Administrator FROM: Suzanne A. Hutton <;O Assistant County Attorney DATE: October 17, 2002 SUBJECT: Jacobs Aquatic Center You have inquired about a newspaper article in the October 4, 2002 issue of The Reporter concerning the opening of a therapeutic massage center at the Jacobs Aquatic Center, Key Largo Community Park. You have asked about the propriety of this situation with four specific questions. First, you have inquired as to the acceptability of this activity under the grant agreements from FDEP. The FDEP/FRDAP grant allows facilities that are "related support" for the pool facility and picnic facilities to be constructed. The grant applications specify in the "support facilities and improvements" the following: a) regarding FRDAP Grant Number F02208: restrooms, parking, landscaping and grant application preparation; b) regarding FRDAP Grant Number F03666: restrooms and security lighting. The plans submitted with the application for FRDAP Grant Number F03666 show some building facilities, particularly an office with adjacent space designated M and F, presumably male and female, since there is an arrow pointing to the highlighted area with the word restrooms. The other building enclosures indicated on the plan state pool equip., and 38 x 50 multi -purpose room. The multi -purpose room is shown as future second floor plan with a space for female and male (presumably, again restrooms) �.nd a mechanical room. The FRDAP grant F02208 submittal is more explicit and detailed and shows a restroom/concession press box but this is in connection with the baseball field, which are shown as a totally separate part of the Community Park. I find nothing in the FRDAP grants, which would support the contention that the FDEP provided monies for the development of anything that would be used for lease to private concessions. Further, the grant agreement specifies that land owned by the grantee, which is developed with FRDAP grants, shall be dedicated in perpetuity as an outdoor recreation site for the use and benefit of the public per rude 62D- 5.059(2) of the Florida Administrative Code. Oct 29 02 09:27a James L Roberts Cc Rdmin 305-292-4544 p,3 James L. Roberts Jacobs Aquatic Center October 17, 2002 Page 2 You also inquired whether the activity is acceptable under our lease. The lease specifies that UKCP may subcontract with not -for -profit entities for the operation of the swimming pool and related facilities subject to approval of the County Commission and the FCT, which may impose conditions as they deem necessary. Except for construction, the duties and obligations under the lease for which UKCp is entitled to contract are subject to the paragraph that requires the subcontracts to be with not -for -profit entities with approval of the BOCC and the FCT. On October 9, 2002, I accessed the Department of State, Division of Corporations website and looked up Tropical Tranquility under fictitious names, corporation and limited partnership. There is no such listing. Accordingly, Tropical Tranquility is not a nonprofit organization, or at the very least, has riot complied with the requirements to be legally considered a not -for -profit entity. Therefore, the UKCP, Inc. is in violation of its lease with the County if it has subleased a portion of the facility to any entity or person without the County and FCT approval, which could not be provided until such entity qualifies as a non-profit. Your third inquiry asks if the establishment of this activity requires prior approval fi'om either the state or the County. As mentioned above, it does. Finally, you have asked if the two FRDAP applications are in jeopardy because of the existence Of this service. I suspect that they are, although one could quibble about the language of the grant since they do not specifically prohibit the activity. However, it is my opinion that the FRDAP grants, as regulated through rule 62D-5.058 and 5.059, F.A.C., are definitely in jeopardy if the County takes no action to resolve the apparent violat agreements, Ions of its lease and the grant Please feel free to call me if you have any questions.