Item S04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
March 20, 2002
Division:
County Attorney
AGENDA ITEM WORDING:
Approval of amendment to Project Grant Agreement with Department of
Environmental Protection.
ITEM BACKGROUND:
After the February 13, 2002 item was approved, the Clerk and Administrator
requested an amendment to the grant since County had not been involved with
construction management or submission of documents.
PREVIOUS RELEVANT BOCC ACTION:
Approved acceptance of grant and authorized Mayor to execute grant agreement on
2/13/02.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY:
County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL: c::;;;t' ~~
J T ENDRICK
DOCUMENTATION: Included 0 To Follow Not Required 0
AGENDA ITEM #
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DEP CONTRACT NO. F0208
CSFA NO. 37017
CSFA Tille: FRDAP
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 , 2002, by and between
the State of Florida, Department of Environmental Protection (hereinafter FDEP), and Monroe County
(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 initio 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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By:
By:
Division Director (or Designee)
. Division of Recreation and Parks
Mayor/Chairman
ATTEST:
Danny L. Kolhage, Clerk
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth BQulevard
Mail Station 585
Tallahassee, FI. 32399-3000
By:
Deputy Clerk
500 Whitehead Street
Key West, FI. 33040
Approved as to Form and Legality:
Assistant General Counsel
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Hutton-Suzanne
From:
Sent:
To:
Subject:
Hutton-Suzanne
Thursday, February 28, 2002 3:27 PM
Nelson-Murray
Upper Keys Community Pool
On February 15, I e-mailed a proposed agreement to Terri Messler at DEP, because Danny & Jim Roberts were
concerned about the County accepting full responsibility for records submissions, grant requirement compliance, &
audit exceptions since we were never involved in the grant or the contracting for construction. See attached. I
~
have heard nothing regarding my request to DEP & will follow up after I send this.
DEP K Up Key
PooI.doc
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Page 1
Page 1 of 1
Suzanne Hutton
From: "Suzanne Hutton" <coat@mail.state.fJ.us>
To: "Messler, Terri"
Sent: Thursday, February 28, 2002 3:57 PM
Subject: Re: Key Largo pool
Thanks. "II stick it on the March BOCC agenda & forward it to you after it's executed at this end.
By the way, I went looking through the Fla. Bar Joumal & found an att~ey who does not have an office but lives
in the Keys & may be the one whose signature we could not discern - Patricia Gessel, 99530 Overseas Highway,
#2 Key Largo.
-- Original Message ---
From: Mes$ler.J~[ri
To: ~uzanl)~!-:tiJttQn
Sent: Thursday, February 28, 2002 3:49 PM
Subject: RE: Key Largo pool
Suzanne:
I apologize. I remember I tried to call you and couldn't reach you.
This is amendment is fine. We had our attorney look at it just to be safe and she has no problem with it. So, you
may go ahead and move forward with passing the amendment if you haven't done so already.
Please call me if you need additional information.
Terri Messler, CPRP
Community Program Administrator
Bureau of Design and Recreation Services
Division of Recreation and Parks
Florida Department of Environmental Protection
850.488.7896
-----Original Message-----
From: Suzanne Hutton [mailto:coat@mail.state.f1.us]
Sent: Thursday, February 28,20023:31 PM
To: Messler, Terri
Subject: Key Largo pool
Terri, I e-mailed you Feb. 15, and think I included an attachment. Since I have not heard anything, I'm
trying again.
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02/28/2002
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F020S.
DEP Contract Number
CSFA Number: 37017
CSFA Title: FRD~
FLORIDA DEPARTMENT OF ENVIRONME~TAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSIStANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this
,- ;\) 0#- _
day of
, 200_, by and between the State of Florida, DEPARTMENT
o~ Environmental Protection, hereinafter called the DEPARr.MENT, and
the Monroe County, hereinafter called the GRANTEE, in furtnerance of
an approved public outdoor recreation project. In consideration of
the mutual covenants contained herein and pursuant to section 375.0'~
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 sectioa
375.075, Florida statutes, and chapter 62D-5, Part v,
Florida Administrative Code, hereinafter called the RULE.
The GRANTEE shall comply ~ith 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 DEPARTMEN~ 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
Proqram, FRDAP Project Number F02208), hereinafter called
the PROJECT, and enters into this Aqre~ent with the GRANTEE
for the development of that real property, the legal
description of which shall be submitted to the DEPARTMENT as
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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 $odified 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 Pa.?/, on a
GRANTEE, funds not to exceed $
DEPART.MENT'S share of the cost
fund limits are-based upon the
. . to '
reimburs~ent basis, to the
200,000; which will pay the
of the PROJECT. DEPARTMENT
following:
DEPARTME~ Amount
GRANTEE Match
Type of Match
$ 200,000
$ 200,000
Cash/In-Kind
50%
50%
5. The PROJECT reimbursament 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 DEPAltTMENT'S Contract Manager
shall review the completion doc~ntation and payment
reques t from the GRANTEE for the PROJECT. r f the
documentation is sufficient and meets the requirements of
the Florida Recreation Development Assistance Program
Completion Documentation FODD, DEP Form FPS-A037, referenced
in $. 62D-5.058(6)2(q), 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 incorporatBi
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 G~TEt'S adopted procurement procedures. Expenses
representing the PROJECT costs, including the required
matching contribution, shall be reported to the DEPARTMENT
and summarized on certifioation forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
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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 ~f 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 5. 215.422, Florida Statutes, the Department's
Project Manager shall have five (5) working days, unless
otherwise specified herein, to inspect and approve the
payro.ent requests for payment. The DEPARTMENT must submit a
request for payment to the Fl6rida 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
invo1ce 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 experiencinv
problems in obtaining t~ely paymentCs) from a State of
Florida agency. The Vendor Ombudsman may be contacted at
(850)410-9724 or (800) 84B-3792.
9. In accordance with s. 215.422, Florida statutes, the
DEPARTMENT shall pay the GRANTEE interest at a rate as
established by 5. 55.03(1), Florida statutes, on the unpaid
bal~ce, if a warrant in payment of an invoice is not issuee
within 40 days after receipt of a correct invoice anq
receipt, inspection, and approval of the goods and services_
Interest payments of less than $1 will not be enforced
unless the GRANTEE requQsts payment. The interest rate
estab11shed 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 20000
for which the term Q! this Agreement is in effect can be
obtained by calling the DEPAR'l'MENT of Banking and Finance,
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Vendor Ombudsman at the telephone nUltlber provided above or
the Department's contracts Section at 850/922-5942.
10. It is understood by the parties that the amount qf this
Agre~ent 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. PROJECT funds may be reimbursed tor eligible pre-a9ree~ent
expenses (as defined in s. 62D-5.054 (29) of the RULE)
incurred by GRANTEE prior to execution of this Agre~ent as
set forth in 5.62D-5.055(9) of the RULE. The DEPAR'XMtNT and
the GRANTEE fully understand ~d 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 doc~entation required by the Florida
Recreation Development As:!istance Program. Development
Project Pre-reimbursement/Commencement Documentation Form,
DEP Form FPS-A034, referenced in s. 62D-D.OS8(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. 620-5.058(7) (e) of
the Rule.
14. This Agre~ent shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT elements
on or before The GRANTEE may request ~
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.
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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 ~inal reimbursement.
16. Any local governmental entity, nonprofit organization, or
for-pro~it organization that is awarded funds f~om a grants
and aids appropriation by a state agency shall:
If the amounts received exceed $100,000, have an ~udit
performed in accordance with the rules o~ 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 $25,000, have the head
of the entity or organization attest, under penalties of
perjury,.. that the. entity or orqanization has complied with
the provisions of this Agreement.
17. A copy of the audit or attestation as required in Paragraph
16, shall be submitted to the DEPARTMENT within one (1) year
from the PROJECT completion date as set forth in the PROJEcr
completion certificate.
18. In addition t~ the provisions contained in Paragraph 16
above, the Grantee shall comply with the applicable
provision$ 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-l 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-I, the Grantee shall notify the
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Department's Con~racts 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 ot thi~ty (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 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, cla~ 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
Aqreement shall be responsible for ensuring performance of
its terms and conditions and shall approve all reimbursement
requests prior to payment. Tbe 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 GRANTEE1S Liaison Agent, shall submit
to the DEPARTMENT signed PROJECT status reports every nineb,r
(90) days summarizing the work accomplished, problems
encountered, percentage of completion, and other informatiaa
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 delive~ed to the parties at the following
addresses:
Grantee
Mr . '.t~tby Bricker
Monroe County
89 North Bay Hamor Drive
Key Largo, notida 33031
DepartIllent
Rita Ventry
Dept. of EnVironmental protection
3900 Commonwealth Blvd., KS 585
Tallah~ssee, Florida 32399-3000
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22. Prior to final reimbursement, the GRANTEE must erect a
permanent information sign on the PROJECT site which credits
PROJECT funding or a pprtion thereof, from the Fl~rida
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 ~hereto at any reasonable time.
24. This Agreement may be unilaterally canceled by the
DEPARTMENT in the event the GRANTEE retuses '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 DEP~THENT shall also have the right to demand a refund,
e~ther 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
. trom 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 ~lorida
Statutes. Interest shall be c~lculated from the date(s) of
payment(s) to the GRANTEE by the DEPART.MENT to the date
repayment is made by GRANTEE.
26. The GRANT~E sh~ll comply with all federal, state and local
rules, regulations and ordinances in acquiring and
developing this PROJECT. The GRANTEE acknowledqes 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 ~ds, 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 620-
5.059(2). Land under control other than by ownership of the
GRANTEE such .as by le~se, shall be dedicated as an outdoor
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recreation area fortha use and benefit of the general
pUblic for a minimum period of twenty-five (25) years froIt\.
the completion date set forth in the PROJECT completion
certificate. All dedications must be recorded in ~he public
property records by the GRANTEE. Such PROJECT shall be open
at reasonable times and shall be managed in a safe and
attractive It\.anner 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 ot 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
shall result in cancellation ot the Agreement and may result
in the imposition of the terms in Paragraph 25.
29. In the event of conflict ~ 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 th~ t~e specified in the notice, the DEPARTMENT
. shall cancel this AGREEMENT.
31. The State of Florida's performance and obligation to pay
under this Agreement 15 contingent upon an annual
appropriation ~y 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 trom participation in; be denied the proceeds or
benefits ofJ or be otherwise subjected to discrimination in
perfor.mance of this Agreement.
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34. Each party hereto agrees that it shall be solely responsible
for the wrongful acts of its employees and agents. aowever,
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, 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 o!
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 ~greement shall be
interpreted in such manner as to be effective and ~alid
under applicable law, but i~ any provision of this Agreement
shall be prohibited or invalid under applicable law, such
provision shall be ineffective to the extent ot such
prohibition or invalidity, without 1nvalidatinq 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.
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39. T~i5 Aqreement is not intended nor shall it be construed as
qrantinq any riqhts, privileges or interest in any third
party without mutual written agreement of the parties
hereto.
40. This Aqre~ent 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 provisio~s 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 Aqreement.
THE REST OF THIS PAGE INTENTIONALLY'LEFT BLANK
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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
-N ~ .
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, Florida 32399-3000
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DEP Contract Manager ~
Approved as to For.m 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
~
By: ..' . ...
* . al . resignee
- .~~~~
Title: f'~~/~1u
tJ~
Address:
89 North Bay Harbor Drive
Key Largo, rlorida 33037
ilL A-4
Grantee Attorney
** If someone other than the Chairman signs the contract, a resolution,
statement or other document authorizing that person to sign the contract cn
beh~lf of the county must accompany the contract.
DEP 42-058
Revised 05-18-2001
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