Resolution 453-1992
RESOLUTION
453 -1992
;::LED ")p RF
i
'92 OCT 1 F
A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS
AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE IJ h.
DEPARTMENT OF NATURAL RESOURCES FRDAP CONTRACT #C6530r- Cd d\ ,~
IN ORDER TO EXTEND THE COMPLETION DATE OF THE LOWER IONROF r dUN) T
MATECUMBE BEACH PROJECT
WHEREAS, the Monroe County Board of Commissioners
executed the first amendment to the original grant agreement
by Resolution No. 184-1992, on April 1, 1992, which
authorized the extension of the grant project until November
1, 1992; and
WHEREAS, the Department of Natural Resources has
notified the county that if the project cannot be completed
by November 1st, an extension should be requested; and
WHEREAS, Monroe County and the contractor of record on
the project require additional time to negotiate unresolved
issues with the construction contract, thus an extension was
requested; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the FRDAP Contract No. C6530 be
amended to provide for the extension of the grant period and
directs the execution of the grant amendment 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 7th day of October, A.D. 1992.
Mayor Harvey Yes
Mayor ProTem London Yes
Commissioner Jones Yes
Commissioner Cheal Yes
Commissioner Stormont Yes
BOARD OF COUNTY COMMISSIONERS
( Seal) DANNY L. KOLHAGE, Clerk ~~: ~b. <:e~~ _"'" ....~
Attest:424~~/!
I2~ASTOFORM
f.D i G UFFI IE'VCY.
By
3?J ?""'"
Data L q L--
/
C6530
(DNR Contract Number)
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Amendment to Agreement
This Amendment entered into on
19___, serves to amend portions of the Agreement, dated
October 4, 1990 as amended, April 7, ~992, and October 23, 1991,
by and between the Department of Natural Resources, hereinafter
referred to as DEPARTMENT, and Monroe County, hereinafter
referred to as GRANTEE, for the recreational project known as
MateCUmbe Beach, Project #Fa9-117.
In and for the mutual covenants between them, the
DEPARTMENT and the GRANTEE agree that the following amendment
shall apply to the above referenced Agreement:
Paraqraoh #7 is amended as follows:
The GRANTEE shall complete all project construction on or
before November 1, 1993.
In all other respects the Agreement of which this is an
Amendment and attachments relative thereto shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have duly
executed this Agreement on the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
MONROE COUNTY
By: By:
Donald A. Gerteisen, Chief
Bureau of Local Recreation Services
r~
...
Title:
Address:
5100 College Road, Wing II
Key West, Florida 33040
AtteSt: Danny L. Kolhage, Clerk
BY
~{!Ilerk
Grantee Attorney
r-"-"~I'-""
-...._'"'----""....-..-..,'~'"-,.
o
(DNR Contract Numbe~)
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Amendment to Agreement
. d . {I. 'l 1+;"
ThJ.s Amendment entere J.nto on f-Ilp1" I - ,
19~, serves to amend portions of the Agreement, dated October
4, 1990, as amended October 23, 1991, by and between the
Department of Natural Resources, hereinafter referred to as
DEPARTMENT, and Monro~County, hereinafter referred to as PROJECT
SPONSOR, for the recreational project known as Matecumbe Beach,
Project #F89-117.
In and for the mutual covenants between them, the
DEPARTMENT and the PROJECT SPONSOR agree that the following
amendment shall apply to the above referenced Agreement:
Paraqraph #7 is amended as follows:
The PROJECT SPONSOR shall complete all project construction
on or before November 1, 1992.
In all other respects the Agreement of which this is an
Amendment and attachments relative thereto shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have duly
executed this Agreement on the day and year first above written.
STATE OF FLORIDA
DEPART~T OF NATURAL RESOURCES
/; ~~
BY::( ~~Jj~" 11 /
Donald A. Gerteisen, Chief
BU~eau of Local Recreation Services
XP::i<~1:e: DANNY
Attest:
MONROE COUNTY
. ... ~~ ...,
\..k),~~.6-v.-' '''- .~
By: - ,
Wi lhelmina Harvey - Mayor/Chairman
./'"\
L. KOLHAGE, CLERK
uty Clerk
(2l~~
Project Sponsor Attorney
Approved as to
~itY:
Departme Attorney
DNR 42-050
Revised 7-24-90
RESOLUTION NO. 394 - 1991
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING MODIFICATIONS TO AN
AGREEMENT BETWEEN MONROE COUNTY AND THE
DEPARTMENT OF NATURAL RESOURCES FLORIDA RECREATIONAL
DEVELOPMENT ASSISTANCE GRANT CONTRACT NUMBER C6530
WHEREAS, bi Resolution 1437-1990, Monroe County entered
into a grant agreement with~the-~epartment of Natural
Resources for the deveJo!.'ment of a project to be known as
'Caluosa Cove, Florida xecreational Development Assistance
Project No. F89-117 (FRDAP No. F89-117)i
WHEREAS, the Department of Natural Resources has
modified the original contract agreement by: granting a
time extension for the completion of the project until May
1, 1992, making provisions for the advancement of funds,
amending the rule that is the guideline for the program, and
changing the project name to Matecumbe Beach;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
"MONROE COUNTY, FLORIDA, that the FRDAP Project No. F89-117
be modified to include the language as 'provided in the
Amendment to Grant Agreement, DNR Contract Number C6530.
PASSED AND ADOPTED by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting of said
Board held on the 9th day of October, A.D. 1991.
Mayor Harvey
Mayor Pro Tem London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Yes
Yes
Yes
Yes
Yes
~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By: ~b~.D~~.,",,-~ ~~
~eal )
. L Attest: .c.
By
L.
0IIit
,..:0:;' J lJ
(DNR
~act Number)
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
;- I I c..- ~""
, ,
Amendment to Grant Agreement
'91 OCT 17 0") ~ b
~f This Amendment entered into on ~~ot?
19~, serves to amend portions of the Agreement, d'ilre~~k.
October 4, 1990, by and between the Department of Naeural
Resources, hereinafter referred to as DEPARTMENT, and Monroe
County, hereinafter referred to as PROJECT SPONSOR, for the
recreational project kriown as Caloosa Cove, Project #F89-117.
.t
In and for the mutual covenants between them, the
-DEPARi'i.Y1L!'C"I; and the. PROJECT SPONSOR agrei;;"~.La.~...~ic:o following
amendment shall apply to the above referenced Agreement:
Paraara9h #1 is amended as follows:
The RULE is amended to mean Sections 370.023, 375.021 and
375.075, Florida Statutes, and Chapter 16D-5, Part V, Florida
Administrative Code, as adopted December 10, 1990.
Paragraph #2 is amended as follows:
The name of the project is changed to Matecumbe Beach.
Paraqraph #4 is amended as follows:
The DEPARTMENT shall advance 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 on
the following:
DEPARTMENT Amount $120,000.00
PROJECT SPONSOR Amount $ 60,000.00
Type of Match Cash and/or In-kind Services_
All advanced funds shall be placed in an interest bearing
account by the PROJECT SPONSOR and all interest earned shall be
paid to the DEPARTMENT by the PROJECT SPONSOR on a semi-annual
basis. Interest earning statements shall be forwarded to the
DEPARTMENT by the PROJECT SPONSOR on a quarterly basis.
Matching
Basis
(2/3)
(1/3)
At project completion, the PROJECT SPONSOR shall forward to
the DEPARTMENT (1) any unexpended funds, (2) all unremitted
interest, and (3) financial data supporting the expenditure of
grant funds and match, on forms supplied by the DEPARTMENT as
referenced in the RULE.
Paraaraph #7 is amended as follows:
The PROJECT SPONSOR shall complete all project construction
on or before Mav 1, 1992.
In all other respects the Agreement of which this is an
Amendment and attachments relative thereto shall remain in full
force and effect.
Page 1 of 2
P" 'oTT'fNE! WHEREOF, the parties her ::J 1 duly
.executed th~_ u.Jreement on the day and year first above written.
F FLORIDA
NT OF NATURAL RESOURCES
MONROE COUNTY
By:
Donald
Bureau
..bAL; By: ~t-~~Aft_ -: ~~ ,.__~.
Gerteisen, Chief Wi Ihelmina Harvey - \
Local Recreational Services
Title:
DATE:
Mayor/Chairman
October 9, 1991
~5~
Contract Ma ager ~
~(,J~ , il.aAft ~ Qj)
DNR ntract Administrator
Address:
5100 College Road, Wing II
Key West, FLorida 33040
ATTEST: AN NY L. KOLHAGE,
By
~DeputY lerk . ,,~
, ~'"' r:>i ~ 7:L
Praj'i!t: . Sponsor ~rneY
Approved as to
Form and Legality:
D:Ii:.~4:/~;
~
DNR 42-050
Revised 7-24-90
Page 2 of 2
C6530
(DNR Contract Number)
FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Agreement - Development
F89-117
(Project Number)
'i'ilis --Project 'Agreement made and ef&~d~,:,;t.l-- into this ~ Ii
day of
!Jeff) J,r
, 19~, by and between the State of Florida,
Department of Natural Resources, hereinafter called the
DEPARTMENT, and Monroe County, hereinafter called the PROJECT
SPONSOR, in furtherance of an approved outdoor recreation
project. In consideration of the mutual covenants contained
herein the parties hereto agree as follows:
1. This Project Agreement shall be performed pursuant
to Sections 370.023, 375.021 and 375.075, Florida Statutes, and
Chapter 16D-5, Part V, Florida Administrative Code, hereinafter
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
Page 1 of 7
ana 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
proj ect Agreement wi th t~:':'G I"ROJ"ECT SPONSOR for ccnztr.lcti;;,;.~~ .:~
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:
picnic area, restrooms and related support facilities and
improvements.
4. The DEPARTMENT shall pay, on a reimbursement basis,
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:
DEPARTMENT Amount
$120,000.00
Matching
Basis
(2/3)
(1/3)
PROJECT SPONSOR Match $ 60,000.00
Type of Match Cash and/or In-kind Services
Page 2 of 7
.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
funds by the DEPAR~~NT for any obligation or expenditure made
prior to the execution of this Project Agreement with the
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
here~y designated the DEPARTMENT'S Contract Manager 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
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, proble~s encountered, percentage of completion_
and other appropriate information. Photographs shall be
submitted when appropriate to reflect the construction work
accomplished.
Page 4 of 7
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
17.03, Florida statutes.
10. The PROJECT SPONSOR agrees' to save and hold
harmless the DEPAR.rMENT, its officers, agents and employees from
any and all liabilities, claims, actions, damages, awards and
judgements, to the extent a~lowed by law, arising from cil~
PROJECT SPONSOR'S obligations contained herein to construct,
operate and maintain the PROJECT.
11. The DEPARTMENT reserves the right to inspect said
PROJECT and any and all records related thereto at any time.
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
PROJECT SPONSOR af any reimbursement due the DEPARTMENT.
Page 5 ot 7
14. The DEPARTMENT shall have the right to demand a
refund, either iri whole or part, of the funds provided to the
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--wh~ch payment shall be made directly to the
DEPARTMENT. Such refund shall include interest as specified in
the RULE. --
IS. 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
subj~ct 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.
Page 6 of 7
, .
20. This Project Agreement represents the entire
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 Proj~t Agreement. Any and all notices shall be
delivered to the parties at the addresses shown below.
IN WITNESS-WHEREOF, the parties hereto have causeu ~i.lese
presents to be duly executed on the day and year first above
written.
APPROVED AS 70 FORM
AND LEGAL S.UFFf......1C1~"t 'NCY. ~
BV ~~ \. 1 J (,~ ~ <2 'N\ ~ Q rr-.
Att.:;rney'/;..,Olfice - . ~ vB
STATE OF FLORIDA
DEPARTMENT OF NA~ RESOUR<;W
By: ;k A- ///~.&
. an P. Mainella, Director
Division of Recreation and Parks
Address:
Bureau of Local Recreation Services/
Wood crest
Mail Station 585
Division of Recreation and Parks
Department of Natural Resources
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
~ g~~L----
~.'":' ~cntract Manager
~^; ,;^. r;.J", tJ f) tJ=
D Co tract Administrator
Approved as to
Form and Legality:
~.~
'1iepart . . n Attorne
Page 7 of 7
::~~-
Title: Mayor/Chainnan
(SEAL )
A~: ~~~~~CLERK
BY:~ I.8r- ~. ~fl..i~__~ Clerk
Ad ress: '''/~-'1tJ
Monroe County
Public Service Bldg/
Wing II
Key West/Stock Island,
Florida 33040
Project Sponsor Attorney
DNR 42-058
Revised 5-14-90