Resolution 437-1990
RESOLUTION NO. 437 -1990
A RESOLUTION TO AMEND RESOLUTION 368-1990
OF THE MONROE COUNTY BOARD OF COMMISSIONERS
ACCEPTING THE CALOOSA COVE GRANT AGREEMENT
AND AUTHORIZING THE MAYOR TO EXECUTE THE
CORRECTED GRANT AGREEMENT
WHEREAS, on October 11, 1989, the Board of County
Commissioners of Monroe County, Florida authorized the
application for a grant from the Florida Department of
Natural Resources under the Florida Recreation Development
Assistance Program, and
WHEREAS, on May 22, 1990, a grant for $120,000.00 from
the Florida Department of Natural Resources under the
Florida Recreation Development Assistance Program, was
awarded to Monroe County for the Caloosa Cove Beach Park
project, and
WHEREAS, on August 1, 1990, the Board of County
Commissioners accepted the Caloosa Cove grant which did not
include a completion date, and
WHEREAS, the Florida Department of Natural Resources
corrected the grant agreement to include the project
completion date of November 1, 1991, now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby amends
Resolution #368-1990 and accepts the Caloosa Cove Grant and
directs the execution of the corrected grant agreement by
the proper County authorities.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board
held on the 11th day of September, A.D. 1990.
BOA~DMg~~UNTY COMMISSIONERS
ByOF~~DA
(Seal)
Attest: DANNY L. KOHLAGE, Clerk
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C6530
(DNR Contract Number)
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FLORIDA DEPARTMENT OF NATURAL RESOURCES
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FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
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Project Agreement - Development
Fa9-117
(Project Number)
This Project Agreement made and entered into this
day of
, 19___, by and between the State of Florida,
Department of Natural Resources, hereinafter called the
DEPARTMENT, and Monroe County, hereinafter called the PROJECT
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SPONSOR, in furtherance of an approved outdoor recreation
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project. In consideration of the mutual covenants contained
herein the parties hereto agree as follows:
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1. This project Agreement shall be performed pursuant
to Sections 370.023, 375.021 and 375.075, Florida Statutes, and
Chapter 160-5, Part V, Florida Administrative Code, hereinafter
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called the RULE. The PROJECT SPONSOR shall comply with all
provisions of the RULE, which is incorporated into this Project
Agreement by reference, as if fully set forth herein. Disputes
concerning the interpretation or application of this Project
Agreement shall be resolved by the DEPARTMENT whose decision
shall be final and binding on the PROJECT SPONSOR. The
DEPARTMENT may cancel this Project Agreement for failure by the
PROJECT SPONSOR to perform pursuant to the terms and conditions
of this Project Agreement. It is the intent of the DEPARTMENT
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and the PROJECT SPONSOR that none of the provisions of Section
163.01, Florida Statutes, shall have application to this Project
Agreement.
2. The DEPARTMENT has found that outdoor recreation is
the primary purpose of the project known as Caloosa Cove (Florida
Recreation Development Assistance Program, Project Number F89-
117), hereinafter called the PROJECT, and enters into this
Project Agreement with the PROJECT SPONSOR for construction of
outdoor recreation facilities and improvements on real property,
the legal description of which is set forth in Exhibit A,
attached.
3. The PROJECT SPONSOR will construct, or cause to be
constructed, certain outdoor recreation facilities and
improvements in accordance with the following PROJECT elements
which may be modified with good cause by the DEPARTMENT:
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picnic area, restrooms and related support facilities and
improvements'.
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4. The DEPARTMENT shall pay, on a reimbursement basis,
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to the PROJECT SPONSOR, funds not to exceed $120,000.00, which
will pay the DEPARTMENT'S share of the cost of the PROJECT.
DEPARTMENT fund limits are based upon the following:
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DEPARTMENT Amount
$120,000.00
Matching
Basis
(2/3)
(1/3)
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PROJECT SPONSOR Match $ 60,000.00
Type of Match Cash and/or In-kind Services
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The Contract Manager shall, within sixty (60) days after receipt
of a payment request, review the work accomplished to date on the
PROJECT and, if in order, approve the request for payment. The
DEPARTMENT shall retain $12,000.00 of the entire PROJECT amount
until completion of the PROJECT.
5. The PROJECT SPONSOR shall comply with the
DEPARTMENT'S Grant and Contract Accountability POlicy, Chapter
16A-11, Florida Administrative Code, hereinafter called the
POLICY, and incorporated into this Project Agreement by reference
as if fully set forth herein. The PROJECT SPONSOR shall ensure
that all purchases of goods and services for accomplishment of
the PROJECT shall be secured in accordance with the provisions of
Chapter 287, Part I, Florida Statutes. Expenses representing the
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PROJECT costs, including required matching contribution, shall be
reported to the DEPARTMENT and summarized on certification forms
provided in the POLICY. The POLICY establishes uniform
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guidelines and procedures to be utilized by the DEPARTMENT and
the PROJECT SPONSOR in accounting for grant funds disbursed under
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the PROJECT and sets forth principles for determining eligible
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costs, supporting documentation and minimum reporting
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requirements. The PROJECT SPONSOR shall retain all records
supporting PROJECT costs for three (3) years after the fiscal
year in which the final PROJECT payment was released by the
DEPARTMENT or until final resolution of matters resulting from
any litigation, claim or audit that started prior to the
expiration of the three-year retention period. The DEPARTMENT,
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Auditor General, state Comptroller and other relevant parties
shall have the right to inspect and audit the PROJECT SPONSOR'S
records for said PROJECT.
6. The DEPARTMENT and the PROJECT SPONSOR fully
understand and agree that there shall be no reimbursement of
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funds by the DEPARTMENT for any obligation or expenditure made
prior to the execution of this Project Agreement with the
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exception of $0, for: NONE.
7. The PROJECT SPONSOR shall complete all PROJECT
construction and submit all completion documentation on or before
November 1, 1991.
8. Rosie Keween, Grants Specialist or successor, is
hereby designated the DEPARTMENT'S Contract ~anager for the
purpose of this Project Agreement and shall be responsible
for ensuring performance of its terms and conditions and shall
approve all reimbursement requests prior to payment. The
PROJECT SPONSOR'S Liaison Agent, as identified in the project
application, shall act on behalf of the PROJECT SPONSOR relative
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to the provisions of the Project Agreement. The PROJECT
SPONSOR'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 appropriate information. Photographs shall be
submitted when appropriate to reflect the construction work
accomplished.
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9. All monies expended by the PROJECT SPONSOR for the
purpose contained herein shall be subject to preaudit review and
approval by the Comptroller of Florida in accordance with Section
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17.03, Florida statutes.
10. The PROJECT SPONSOR agrees to save and hold
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harmless the DEPARTMENT, its officers, agents and employees from
any and all liabilities, claims, actions, damages, awards and
judgements, to the extent allowed by law, arising from the
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PROJECT SPONSOR'S obligations contained herein to construct,
operate and maintain the PROJECT.
11. The DEPARTMENT reserves the right to inspect said
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PROJECT and any and all records related thereto at any time.
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12. This Project Agreement may be unilaterally
cancelled by the DEPARTMENT in the event the PROJECT SPONSOR
refuses to allow public access to all documents, papers, letters
or other materials made or received in conjunction with the
Project Agreement pursuant to the provisions of Chapter 119,
Florida Statutes.
13. Following receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-compliance by the
PROJECT SPONSOR with said Project Agreement, the PROJECT SPONSOR
will be allowed a maximum of sixty (60) days to submit additional
pertinent documentation to offset the amount identified as being
due the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the PROJECT SPONSOR, will inform the
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PROJECT SPONSOR of any reimbursement due the DEPARTMENT.
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14. The DEPARTMENT shall have the right to demand a
refund, either in whole or part, of the funds provided to the
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PROJECT SPONSOR for non-compliance with the terms of the Project
Agreement, and the PROJECT SPONSOR upon notification from the
DEPARTMENT, agrees to refund, and will forthwith pay, the amount
of money demanded--which payment shall be made directly to the
DEPARTMENT. Such refund shall include interest as specified in
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the RULE.
15. The State of Florida's performance and obligation
to pay under this Project Agreement is contingent upon an annual
appropriation by the Legislature.
16. Reimbursement of eligible travel expenses shall be
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subject to the requirements of Section 112.061, Florida statutes.
17. Allowable indirect costs shall not exceed 15% of
the PROJECT SPONSOR'S eligible wages and salaries. Indirect
costs that exceed 15% must be approved in advance by the
DEPARTMENT to be considered eligible PROJECT expenses.
18. Asphalt paving for the PROJECT shall conform to the
Florida Department of Transportation's specifications for road
and bridge construction. Bid specifications, contracts and/or
purchase orders of the PROJECT SPONSOR must specify thickness of
asphalt and square yards to be paved.
19. All development and physical alteration of the
property shall be completed in accordance with the current
management plan as approved by the Board of Trustees of the
Internal Improvement Trust Fund.
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20. This Project Agreement represents the entire
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agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Project Agreement
shall only be valid when they have been reduced to writing duly
signed by each of the parties hereto, and attached to the
original of this Project Agreement. Any and all notices shall be
delivered to the parties at the addresses shown below.
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 NATURAL RESOURCES
MONROE COUNTY
By:
By:
Fran P. Mainella, Director
Division of Recreation and Parks
Address:
Bureau of Local Recreation Services/
Woodcrest
Mail Station 585
Division of Recreation and Parks
Department of Natural Resources
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Ti tIe: Mayor /Chainnan
(SEAL )
ATTEST:
By:
Address:
DANNY L. KOLHAGE, CLERK
Deputy Clerk
Monroe County
Public Service Bldg/
Wing II
Key West/Stock Island,
Florida 33040
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DNR Contract Manager
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D Co tract Administrator
Project Sponsor Attorney
Approved as to
Form and Legality:
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'15epart u Attorne - --
DNR 42-058
Revised .5-14-90
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APPROVED AS TO FORM
AND LEGAL SUFFICI. '/VCr.
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. A11 of the fol:
~1t.er l'ine:
The southeasterly 50 feet of the State Road Number 5 {US-i)
right-of-way, as shown on Florida State Department of
Transportation Right-of-Way Map for Section 90050, lying in the
NW 1/4 of Section 29 and extending to the NE 1/4 of Section 30,
Township 64 South, Range 36 East, in Lower Matecumbe Key, Monroe
County, Florida, and being more particularly describe as follows:
described lands lying above the mean high
COMMENCE at the most westerly corner of Tract "A" of "Lower
Matecumbe Beach", according to the plat thereof as recorded in
Plat Book 3, at Page 34, of the Public Records of Monroe County,
Florida, said point being 50.00 feet southeasterly of station
724+00 of the Baseline of said Right-of-Way Hap; thence run
S33.26'Ol"E, along the most southwesterly line of said Tract "A",
for a distance of 100.00 feet to the intersection with a line 150
feet southeasterly and parallel with the Baseline of said Right-
of-Way Hap and the POINT OF BEGINNING; thence continue
S33.26'01"E, along the most southwesterly line of said Tract "A"
and its extension, for a distance of 50.00 feet to the
intersection with the southeasterly right-of-way line of S.R. 5
as shown in said Right-of-Way Map; thence run S56.35'59"W, along
said right-of-way line. for a distance of 2,747.67 feet to the
West line of the NW 1/4 of said Section 29, as shown in said
Right-of-Way Hap; thence continue S56'35'59"W, along said
southeasterly right-of-way line now in the NE 1/4 of said Section
30, for a distance of 152.33 feet more or less to the shore line;
thence run on a mean bearing of S75.00'05"W meandering along said
shore line for a distance of 158.11 more or less to the I
intersection with a line 50.00 feet northwesterly and parallel
with the southeasterly right-of way line of S. R. 5 as shown in
said Right-of-Way Map; thence run N 56.33'59"E. from said shore
line along the last described parallel line for a distance of
335.11 feet more or less to the East line of the NE 1/4 of said
Section 30; thence continue N56.33'59"E, back in the NW 1/4 of
said Section 29, along said line 50.00 feet northwesterly and
parallel with the southeasterly right-of-way line, for a distance
of 2,714.89 feet to the POINT OF BEGINNING.
Also those land lying contiguous to and southeasterly of the
above described lands lYing above the mean high water line.
LESS AND EXCEPT: Those lands conveyed by Trustees deed number
21721 (05-44) which bound the Northeast end of above described
property and described in said deed as follows:
A parcel of submerged land in the straits of Florida in Section
29, Township 64 South, Range 36 East, adjoining the southwesterly
end of Lower Matecumbe Key, Monroe County, Florida, more
particularly described as follows:
From the most westerly corner of Tract A, according to plat of
Lower Matecumbe Beach recorded in Plat Book 3 at Page 34, Public
Records of Monroe County, Florida, run South 32.53' East along
the southwesterly side of Tract A, a distance of 135 feet more or
less to the mean high tide line on the shore of the Straits of
Florida and the point of beginning of the parcel hereinafter
described; thence continue South 32.53' East, a distance of 410
feet; thence South 72.53' East, a distance of 250 feet; thence
North 57.07' East, a distance of 480 feet more or less to the
westerly edge of an eXisting channel, as shown on said plat ~f
Lower Matecumbe Beach; thence northerly and northeasterly
meandering said edge of eXisting channel, a distance of 240 feet
more or less to the mean high tide line at the most southerly
corner of Lot 24. Block 2, according to said plat of Lower
Matecumbe Beach; thence westerly meandering said mean high tide
line, a distance of 950 feet more or less to the point of
beginning.
#036rm001.1eg
EXHIBIT A
Monroe County FB9117
Caloosa Cove