09/18/2002 AgreementClerkofine
cimuftcourt CCle k L. Kolhage Phone:of the Circuit Court FAX (305)5295-5669�
e-mail: phancock®monroeclerk.com
TO: James Hendrick
County Attorney
ATTN: Jan Hotalen, Assistant
County Attorney's Office
FROM: Pamela G. Han
Deputy Clerk
DATE: September 23, 2002
At the September 18, 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. concerning DEP grant funding a portion of the Jacobs Water Park.
Enclosed are two duplicate originals 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
Finance
File
AGREEMENT
Upper Keys Community Pool
THIS AGREEMENT is entered into this 18th day of September, 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 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 a
$200,000 grant from DEP to fund a portion of the Jacobs Water Park; and
WHEREAS, Monroe County deems it in the best interest of the citizens and residents of the
Upper Keys to accept the DEP grant numbered F3666; and
WHEREAS, UKCP executes the construction contracts and makes payments for construction in
accordance with the lease, and County does not participate in the creation 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 an invoice and sufficient documentation
to withstand an audit of the FRDAP grant funding by DEP or any other entity authorized to conduct
audits of County -funded contracts as described in paragraph 2 below, submit to DEP requests for
payment for the work completed. Upon receipt of money under the FRDAP grant F3666, County shall pay
to UKCP the amount of the monies received from DEP. Required 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 completion of the
water playground, picnic facilities, hiking trail renovations, restrooms, and security lighting, sufficient
documentation being provided to Monroe County to comply with the DEP grant F3666, as more particularly
described in paragraph 2 below, County shall submit to DEP the final request for reimbursement of the
final monies retained by DEP until completion, and, upon receipt, pay over same to UKCP. Prior to final
payment, UKCP shall erect a permanent sign on the Project site crediting Project funding or a portion
thereof from the Florida Department of Environmental Protection and the Florida Recreation
Development Assistance Program." This sign is required by the FRDAP grant F3666.
2. In order to receive the sums paid by DEP to Monroe County when paid to County, UKCP
shall submit to Monroe County such additional documentation as is required 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 11, 2001, UKCP shall submit to Monroe County an invoice for the
amount retained by DEP under the grant 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 payments 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 final payment
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.
f-�d41/ITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
BOARD OF COUNTY COMMISSIONERS
Y L. KOLHAGE, CLERK OF MO E COUNTY, FLORIDA
C:� cn [TI
By
Clerk Mayor/Chairperson w o
(SEAL)
ATTEST: UPPER KEYS COMMUNITY O� INC
By By
Title Title
APPROVED A5 TO FORM
JdconUKCP/FRDAP AND Al SUFFIC E
BY L
SU AN TO
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 risks 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, 501 (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
missioner Shirley Freeman
issloner George Neugent
ioner Mary Kay Reich
ioVr Nora Williams
(SEAL) ..+
Attest: DA NY L.KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman