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Item P15 . EMERGENCY ADD-ON BOARD OF COUlJTY COMMISSIONERS AGRNnA T'1'RM SUMMARY 2002 Division: BOCC X Department: Distrir.t Meeting Date: ,TIJNR 1 g. Bulk Item: No Five AGENDA ITEM WORDING: Approval of agreement with Upper Keys Community Pool, Inc., providing for FRDAP g~ant funds to be paid to UKCP upon County Clerk's receipt of documentation, a:1d rescission of the March 20, 2002 BOCC action approving Amendment I to th2 Project Grant Agreement. ITEM BACKGROUND: UKCP appli'2d for and obtained in the name of Monroe County a $200,000 grant to be applied to the construction of the pool and related facilities at Key Largo COffilunity Park. The County was not involved in the construction or documentation regarding same and there was an amendment for payback of any FRDAP monies if an audit resulted in the State seeking repayment of funds. After':he BOCC approved the amendment, DEP retracted their prior email approval. In order to retain the monies in Monroe County, the County is required by Dj~P to be grantee, with no subgrantee. Ultimately, the County is subject to repayment requirements should an audit by the State require monies to be repaid. This agreement provides for the County, before paying over to UKCP the moni.es received under the grant, to get as much documentation as needed to \vithstand an audit should one occur. PREVIOUS RELEVANT BOCC ACTION: 3/20/02 approval of Amendment I CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: TOTAL COST: $200.000 BUDGETED: Yes No COST TO COUNTY: 0 REVENUE PRODUCING: Yes No AMOUNT PER MONTH YEAR APPROVED BY: County Attorney X OMB/Purchasing Risk Mgt. DIVISION DIRECTOR APPROVAL:_ ~-rY1L~.f n~ Jei)( VURRAY R NRr.SON. Commissioner DOCUMENTATION: Included:_X To Follow: Not Required: DISPOSITION: AGRNnA T'1'RM :It p. (~ --.. .... -- _a' __ ..,,_....._...,,__ _..~_...... ......... __. .__ ._.__________ AGREI!MENT Upper Keys Community Pool THIS AGREEMENT is entered into this _ day of , 2002, y and between Monroe County, a political subdivision of the State of Florida, whose address Gato Building, 1100 Simonton Street, J<ey West, FL 33040 (County), and Upper Keys Communi Pool, Inc., a not.for-profjt Florida corporation, whose address is 320 Laguna Avenue, Key La go, FL 33037 (UKCP). WHEREAS, the Florida Department of Environmental Protection (DEP) provides gr nts to qualified local governmental entities to acquire or develop land for public outdoor ree eation purposes; and WHEREAS, on December 14, 2000, the parties to this agreement entered into 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 t e pool and facilities daily for use by the reneral public; and WHEREAS, in an effort to raise funds for construction of the pool and related facil ties in the spirit of Monroe County Resolution No. 387-1999, attached hereto as Exhibit A, UKCP pplied 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, ounty approved a resolution accepting the $200,000 grant and authorizing the Mayor to exec te the grant agreement; and WHEREAS. UKCP executed the construction contracts and made payments tor constru tion in accordance. with the. lease., and County did not participate in any of the crention or reten ion of construction documentation; now. tht:t'efore IN CONSIbERA nON of the following mutual promises and benefits, the parties Q ree as follows: t, - ~ BOARD OF COUNTY COMMISSIONERS AGENDA IT~M SUMMARY Meeting Date: March 20, 2002 Division: County Attorney AGENDA rrEM WORDING: Approval of amendment to Project Grant Agreement with Department of Environmental Protection. ITEM BACkGROUND: After the February 13, 2002 item was apf roved, 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 .4CTION: Approved acceptance of grant and authorized Melyor to execute grant agreement on 2/13/02. CONTRACT I AGREEMENT CHANGES: N/A STAFF RECOMMENDAnONS: Approval. TOTAL COST: BUDGETED: Yes 0 No 0 COST TO COUNTY: APPROVED BY: County Attorney. OMB/Purchc'sing 0 Risk Management 0 DIV=ON DIRECTOR APPROVAL: ~ ~~ J .:>> T ENDRICK DOCUMENTAnON: Included 0 To Follow Not Required 0 AGENDA ITEM # ~:I . \ ~.J,.~ ..~ . - - ---- - - - -~::.t-A NU, ;HO,; CSFA TiUe: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENT At PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM AMENDMENT I TO PROJECT GRANT AGREEMENT _ DEVELOPMENT THIS AMENDMENT is made and entered Into lhis _ day of , 2002, by and between the State of Florida. Department or Environmental Protection (hereinafter FOEP), and Monroe County (hereinafter County or Grantee). WHEREAS, on December 14, ~:OOO, County entered Into a twenty year lease with Upper Keys Community Pool. Inc. (hereinafter LJKCP), a Nof-for~profjt 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 8'ld obtained a graiitfrom'F'OEP: 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 o)nstruction fo the public; and WHEREAS. the County has not been involved in the administration ot the construction or the submission to FDEP of documentation fo SUbstdntlate the request fo FOEP for reimbursement: now therefore IN CONSIOEM TION of the mutlial covenants contained herein, FDEP and County agree to amend the Grant Agreement as follows: 1. County, as Grantee. hereby ratif.es the grant agreement under DEP Contract Number F0208, with UKCP being the sub-grantee. 2. FOE? will hold the County harm'~ss 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, al/ required documentation and reports. . IN WITNESS WHEREOF, the panies have caused these presents to be duly execoted on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By; Division Director (or Designee) , Division of Recreation and Parks BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY By: Mayor/Chairman A TrEST; Danny l. Ko/hage, Clerk Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth SQulevard Mail Station 585 Tallahassee. FI. 32399.3000 By: Deputy Clerk 500 Whitehead Street Key West. Ff. 33040 Approved as to Form and Legality: Assistant General Counsel ~jj,-~ . . . .... ;. .