06/19/2002 Agreement
Cled( of die
Circul coun
Danny L. Kolhage
Clerk of the Circuit Court
Phone: (305) 292-3550
FAX: (305) 295-3663
e.mail: phancock@monroe-clerk.com
Memorandum
TO:
Commissioner Murray Nelson
District V
FROM:
Pamela G. Ha~
Deputy Clerv
DATE:
June 24,2002
At the June 19, 2002, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement between Monroe County and the Upper Keys
Community Pool, Inc. providing for FRDAP grand funds to be paid to UKCP upon County Clerk's
receipt of documentation.
Enclosed is a duplicate original of the above mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o document
County Attorney
Finance
File.!
Jeb Bush
Governor
Department of
Environmental Protection
Ms. Suzanne Hutton
Monroe County Attorney
Post Office Box 1026
Key West, Florida 33041-1026
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
April 11 , 2002
RE: FRDAP Grants:
Upper Keys Community Pool (F02208 - active grant)
Jacobs Water Park (F03666 - outstanding application)
Dear Ms. Hutton:
As we discussed on April 1 0, 2002, enclosed are copies of our files for the FRDAP grants
listed above. If you have any questions or concerns, please contact us at 850/488-7896.
Cc:
Danny L. Kolhage, Clerk
Sincerely,
~~\/~
Rita Ventry
Community Assistance Consultant
Bureau of Design and Recreation Services
Mail Station #585
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AGREEMENT
Upper Keys com~ty Pool
THIS AGREEMENT is entered into this -.i!l!... day of
,J ,; N~ , 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 320 Laguna Avenue, Key Largo, FL
33037 (UKCP).
WHEREAS, the Florida Department of Environmental Protection (DEP) provides grants to
qualified local governmental entitles 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
~ar fi~t abOve written.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNn I~LORIDA
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Mayor/C airperson
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UPPER KEYS COMMUNITY POOL, INC.
BY-~~ (;,-/5-02-
Title _ ~'Ccp
Commissioner George Neugent
RESOLUTION NO. 387 -1999
A RESOLUTION SUPPORTING THE EFFORTS OF UPPER KEYS COMMUNITY
POOL INC. TO SEEK CAPITAL IMPROVEMENT FUNDS FROM THE STATE OF
FLORIDA FOR A PUBLICLY OWNED SWIMMING FACIlITY IN THE UPPER KEYS
WHEREAS, Monroe County is an aquatic community, whose culture and heritage are
inextricably entwined with the marine environment surrounding its citizens; and
WHEREAS, the marine resources are utilized by a significant segment of the citizens of
Monroe County for commercial and recreational purposes; and
WHEREAS, the use of marine resources for commercial and recreational uses carries
with it certain inherent rislcs associated with the ability or inability to safely interact with the
water; and
WHEREAS, swimming instruction and scuba training are proven methods for increasing
the ability of people to safely interact with the marine environment; and
WHEREAS, a swimming facility would provide an area for open recreation and social
interaction for children. teenagers, and families; and
WHEREAS, public facilities and programs for the adequate swimming and scuba
training of Monroe County citizens of all ages. are not available to those citizens outside of
the lower Keys and Key West; and
WHEREAS, the Upper Keys Community Pool, Inc., is a non-profit, SOl (c)3 corporation
formed to be an advocate for the creation of a publicly-owned swimming facility in the
Upper Keys and to explore sources for funding the construction and operation of such a
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WHEREAS, the Monroe County Board of County Commissioners has previously
endorsed the efforts 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) continues to be evident and obvious, and that
the successful effort to build a 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:
Section 1. The Board supports and encourages the efforts of the Upper Keys
Community Pool, Inc. to work with the 1999-2000 Florida State Legislature to secure capital
improvement funds for the purpose of constructing a publicly-owned swimming facility in the
Upper Keys.
Section 2. The County Administrator shall provide appropriate coordination with
Upper Keys Community Pool, Inc. to facilitate 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 yea
missioner Shirtey Freeman yes
lssioner George Neugent yes
loner Mary Kay Reich yes
ioner Nora Williams yes
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Attest: DA NY L.KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
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jresukpool
Mayor/Chairman
8~_OVEDASTOFORM..
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DATE
Monroe County Clerk's orf~~aIi
F0208
DEP Contract Number
CSFA Number: 37017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this
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day of
r-+v-~+- , 200JL, by and between the State of Florida, DEPARTMENT
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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 375.075,
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
described in the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034.
Page 1 of 11
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
GRANTEE Match
Type of Match
$ 200,000
$ 200,000
Cash/In-Kind
50%
50%
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 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 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.
Page 2 of 11
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 s. 215.422, Florida Statutes, the Department's
Project Manager shall have five (5) working days, unless
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 not be enforced
unless the GRANTEE requests payment. The interest rate
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,
Vendor Ombudsman at the telephone number provided above or
the Department's Contracts Section at 850/922-5942.
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
Page 3 of 11
may be reduced by the same percentage as the DEPARTMENT is
assessed for the mandatory reserve.
11. PROJECT 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
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 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
documentation complies with the RULE, the DEPARTMENT will
give notice to GRANTEE to commence the development and
approve the request for payment.
13. 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.
14. This Agreement shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT elements
on or before Pt~~+ 3, \ 2-oo~ The GRANTEE may request up
to two (2) one (1) year ex~ensions 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.
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.
Page 4 of 11
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
perjury, that the entity or organization has complied with
the provisions of this Agreement.
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 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 Contracts Administrator at 850/488-7896 to
request a copy of the updated information.
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
Page 5 of 11
documentation submitted by the GRANTEE, will inform the
GRANTEE of any reimbursement due the DEPARTMENT.
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 inspect and audit the GRANTEE'S records for said
PROJECT within the three-year retention period.
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:
Grantee
Mr. Timothy Bricker
Monroe County
89 North Bay Harbor Drive
Key Largo, Florida 33037
Department
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 in the event the GRANTEE refuses to allow public
Page 6 of 11
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, shall 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. Interest shall be calculated from the date(s) of
payment(s) to the GRANTEE by the DEPARTMENT to the date
repayment is made by GRANTEE.
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 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
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
violations stating a reasonable time to comply. Failure to
comply within the time period state in the written notice
Page 7 of 11
shall result in cancellation of the 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
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.
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 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.
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 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
Page 8 of 11
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 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 Agreement shall be
interpreted in such manner as to be effective and valid
under applicable law, but if any provision of this Agreement
shall be prohibited or invalid under applicable 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 Agreement. Any action hereon or in connection herewith
shall be brought in Leon County, Florida unless prohibited
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.
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.
40. This Agreement is an exclusive contract and may not be
assigned in whole or in part without the written approval of
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 valid when they have been reduced to writing,
duly executed by each of the parties hereto, and attached to
the original of this Agreement.
Page 9 of 11
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 10 of 11
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: 7;/~ -
Division Director (or Designee)
Division of Recreation and Parks
r-
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
~,~_V~~
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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
Designee
Address:
89 North Bay Harbor Drive
Key Largo, Florida 33037
** If someone other than the Chairman signs the contract, a
statement or other document authorizing that person to sign
behalf of the county must accompany the contract.
DEP 42-058
Revised 05-18-2001
Page 11 of 11
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Attachment -1
SPECIAL AUDIT REQUlRKMENTS
The administration of funds 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 section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, 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.
I
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.
1. 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 funds received from the Department of
Environmental Protection. The detennination 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 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 funds
(i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at htto://asoe.os.dhhs.govfcfda.
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 awards (Le., State financial assistance provided to
the recipient to carry out a State project) 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
Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded
through the Department of Environmental Protection by this agreement. In determining the State awards
expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds
received from the Department of Environmental Protection, except that State awards received by a nonstate
entity for Federal program matching requirements shall be excluded from consideration.
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
reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the
Auditor General.
3. If the recipient expends less than $300,000 in State awards 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 awards 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 non-State funds (i.e., the
cost of such an audit must be paid from recipient funds obtained from other than State entities).
4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Fin;mcial Assistance
(CFSA), a recipient should access the website for the Governor's Office located at httv:/lsun6.dms.'tate.fl.us/fsaa/ for
assistance. In addition to the above website, the following websites may be accessed for information: Legislature's
Website httv:llwww.leg.state.fl.us/, Governor's Website httv:/Iwww.flgov.coml, Department of Banking and
Finance's Website htto:/lwww.dbf.state.fl.us/aadirIFSAAIndex.html. and the Auditor General's Website
httv:llsun6.dms .state.fl. us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of
State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such
an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used
to specify any additional audit requirements imposed by the State agency that are solely a matter of that State
agency'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).)
PART IV: REPORT SUBMISSION
1. Copies of audit reports 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 Ventry
Florida Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 585
Tallahassee, Florida 32399
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMBCircular A-133, as revised (the number of copies
required by Sections .320 (d)(l) 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 10th 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.
2. Pursuant to $ection .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 Ventry
Florida Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 585
Tallahassee, Florida 32399
I
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
3. Copies of 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 Ventry
Florida Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 585
Tallahassee, Florida 32399
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32302-1450
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 Ventry
Florida Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 585
Tallahassee, Florida 32399
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
5. 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, and Chapter 10.600, Rules of the Auditor General, as applicable.
6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in
accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General,
should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the
audit report.
PART V: RECORD RETENTION
!
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of 3 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection or its designee, 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, upon request for a period of 3
years from the date the audit report is issued, unless extended in Writing by the Department of Environmental
Protection.
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RESOLUTION NO.090 .2002
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, ACCEPTING A GRANT FOR THE UPPER KEYS
COMMUNITY POOL PROJECT
WHEREAS, ON December 14, 2000, Monroe County leased to Upper Keys Community Pool, Inc. a
portion of the Key Largo Community Park for the purposes of constructing and operating a community
swimming pool; and
WHEREAS, said lease was for a period of twenty years; and
WHEREAS. the lessee corporation did apply for and receive a grant agreement in the name of
Monroe County; and
WHEREAS, there has been no action of the Board of County Commissioners authorizing said grant
agreement to be executed In its name; and
WHEREAS, the Board of County Commissioners of Monroe County finds that it is in the best
interest of the public to endorse said grant agreement and to apply the grant monies to the construction
costs incurred to establish the community pool on the grounds of the Community Park, which is owned by
Monroe County for the benefit and welfare of the residents of Monroe County; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA that:
1. DEP Contract Number F0208, a project grant agreement for the Upper K~ @>mrtmnity:8x>1
project, is hereby accepted as a grant to Monroe County and a sub-g~nt~ ~er ~ys
Community Pool, Inc. a~2 ~ 0
1TI;::w;:-<
. O' r I ~
2. The Mayor of Monroe County is hereby authorized to endorse said contract. g~~ ~
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe ebu~. ~rida~t a
regular meeting of said Board held on the 13th day of February, 2002. ~ ~ 0
Mayor Charles McCoy
or Pro Tern Dixie Spehar
'ssioner Murray ~~l~~m,,- : -'J! ""'f;'
ioner George Reugeiit
_ oner Nora y,viHi~m~ . ',"-lJ' ...l":;~':::, '
g' ,.,,'. ;i:r-):l~:lt~'j!;:~~,';.,.r ~-.:';.
yes
yes
ilQ"ent
yes
yes
rk;
BOARD OF COUNTY COMMISSIONERS
OF MONROE C UNTY. FLORIDA
By
r/Chairperson