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Resolution 304-1987 - '. Jeff Fisher, Extension Director Boating Improvement Fund Liaison RESOLUTION NO. 304 -1987 A RESOLUTION OF THE BOARD OF COUNTY COMI-US- SIONERS OF MONROE COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES CONTRACT NO. C4719, IN RE: FLORIDA BOATING IMPROVEMENT FUND PROJECT KNOWN AS LOWER KEYS REEF MOORINGS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Board of County Commissioners of Monroe County, Florida, hereby approves and authorizes the Mayor/Chairman of the Board to execute State of Florida Department of Natural Resources Contract No. C4719, a copy of same being attached hereto, in re: Florida Boating Improvement Fund Project known as Lower Keys Reef Moorings. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 4th day of August, A. D. 1987. BOARD OF COUNTY COMMISSIONERS OF ONROE COUNTY, FLORIDA ( Seal) Attest :PANNX L. KOLHAGE, Clerk ! -Ll.L~/~L APPROVED AS TO rOf?M AIVD 'E ,/if. SUFFlCIENC . '. dY ""\~ /lttornAy"'t; Of(;c" :7pifl ('i AC'r ;,', CUZ /Q ,-. " ',J ,.". ... " .',JU,"'T _(, (..j..,.';" , , ,. ", ,'-;:: 1 :-...:. DEPARTMENT OF NATURAL RESOURCES FLOF.]D{~ BO~,lr~c:; IMf:Of~OvErv'I::::1\1T PROGRAf'1 :... t: v ~_ L CJ~.J f" i ~~ I ~, ;..:-=' ~ CJ ~I t: (~1 ~~ C~ ~ E L !v! t= f\11 *l L l'.'E ':..,o'.:Ec Q~ f-loilcJa !Je~artrnC'nt 01 Na.curol Resouices, herelnc1ter referreo to as the DEPARTMENT, and Monroe County h~rElndfter referred to as the CDUN1Y, ln pursuance of an approved recreatlonal boating project, hereby agree to the following terms and conditions: 1. ThlS agreement shall be performed 1n accordance w1th Chapter 327.28, Florida Statutes, and Chapter 16D-5, Part III, Florida Administratlve Code. 2. The COUNTY agrees to implement the recreational boating improvement project known as Lower Keys Reef Moorings ( F;= 1 F' Pi 0 i pet f\Jc. B86 721 ) . and as described in the project applicatlon approved by the DEPARTMENT and attached to this agreement as EY'J~jol T h. l~E COUNTV agrees ~o oegln ~he 'project on or before 6 Months following a gre c;ne.nL.gl'~~t lQ/l 365 days following agreement executlun and complete the prOjEct on or before If the project is not begun by the c....'.r::-..;.. ..: '.:_\- ,.'::::- .. .: '1 "":: C':I[\; ~~~-ees to re~urn to t h'? [iEPARHiEI\Jj anv !'_: ~ ~ '-'. :-. ~- --: = ~. := ..:' L: I: -=t ::- l '': h i == rl IT: a '-r' h (~: -oj '= 0 e e ii (:1 [1 \/ a -:-i c e "' he CCIUI'F" includin; an~' :~:eres~ accru'?c on the funds wh:le :n the possession of the C:JUi<T \ . ~f ~he project :s not completed by the specified date, the DE;::2;~TI':E:1 may wl:nnc;]c fur~ne;- payments, and deny any further reouests for project approvals until the project has been completed. I j~,= .=: ~I ~ ~ -;- y c::: :-, c. 2 P,-C:,V:clP ,,-,"" DEf:O,'C,RTI'I[I\Jj ouc;;-tel-]\ progrec:~, -: e:-. :::.: . ~' >-; :?' :J j- :"J ~i P:= -:- c~ S ~J e:-= ~ :""" " : ~: g th:? :-.:'~' ~- C i.? n:. e':0 ~~ of CO rnCI 1 e t i (I n Df each project element. 5. The DEPARTMENT agrees to obligate and make available to the COUNTY the approved project amount of $ 22,720 to be used fo~ the project authorized by this agreement. The funds will be releas'?d by the DEPARTMENT 1n installments and upon request by the COUI\JTY. 6. Payment request and e~penditure documentation shall be submi~:ed in accordance with the FBIP Grants Accountability Policy Page o"f ~ attacheo to and made a part of thIS agreement as EXHIBlr D. The DEPARTMENT may withhold requested installments If preVIously released funds have not been properly expended. 7. The DEPARTMENT and COUNTY understand and agree that there shall be no reimbursement of funds by the DEPARTMENT for any e>:penditure made prior to the execution of the agreement with the excep t i on of $ 300. 00 for the following: Bid Advertisements. 8. The COUNTY agrees that the project project when completed will be operated and maintained in satisfactory condition for public recreational boating purposes for twenty five (25) years from the date of project completion. The COUNTY further agrees to return to the DEPARTMENT all funds tendered for the project in the event the project becomes utIlIzed tor other than boatIng related purposes during this period. 9. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT, the COUNTY will be allowed a maXImum of sixty (60) days to submit additional documentation to offset the amount identified. or to return the amount due. 10. If It becomes necessary for the DEPARTMENT to demand a refund of any or ~ll funds tendered pursuant to Paragraph 5 of this agreement, the COUNTY agrees to return said funds to the DEPARTMENT WIthIn SIxty (60) days. If not r e t urn e d l"s i t h ins i >: t y day 5., the C Ol Ji'JT Y understands and agrees that any further COUNTY requests for funding from the DEPARTMENT shall be denied until the funds have been returneo. 11. The DEPARTMENT reserves the right to inspect the project as well as the right to audit any and all financial records pertaining to this project at any reasonable time. This contract can be unilaterally cancelled by the DEPARTMENT should the COUNTY refuse to allow public access to all documents, papers, letters or other mater-Ial made or received on previous page in conjunction with the contract pursuant to the provisions of Chapter 119, Florida Statutes. Page 2 of 4 12. For any year in which this contract extends beyond the end of the D~PARTM[NT fiscal year 'June 30), performance by the DEPARTMENl under thIs contract shall be subject to and contingent upon the availability of monIes lawfully approprIated to the DEPARTMENT for the purpose of this contract and program. ]3. The COUNTY agrees to hold the DEPARTMENT harmless from any lIabilIty or claim that may result from the implementation of the project or from alleged negligence in maintenance or operation, to the extent allowed by law. 14. If at any time a user fee system is implemented for any of the facilities funded under the Florida Boating Improvement Program, such fees shall be imposed unformly, regardless of the political jurisdiction in which the user may reside. 15~ FC'l- the PU1-pose of thi':") contl-act, Chrys Sul1ivan~ Grants Specialist, or successor IS designated as the DEPARTMENT Contract Manager and shall be responsible for InsurIng contract performance, approving all payments prior to payment, and serving as liaison with tne COUNTY. 16. The following special terms and conditions are included In tr: i s ag,-eement: L,hthin 6U days aftei- receipt of payment j-equest, the Contr-act Manager shall delegate to DNR staff any required site inspections to e~amine work accomplished, and shall review submitted project documentation and, if complete and in order, approve the request for payment. Aspnalt paving, if an element of thIS project. shall confIrm to r I 0 r- I daD e p a 1- t men t 0 f T j- an s p 0 ,- tat Ion s pee i fie a t ion~, for ~- 0 a (1 and bridge construction. The State of Florida performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Page 3 of 4 ~"l,= 6gTeemE,r-,t shall become effectlvE: on thE' date of signature by the Executlve Director of the Department or his assignee. IN ~ITNE5S THERETO. the partiE'S hereto have caused these presents to be Executed by the officer or agents thereunto lawfully authorized. EXECUTIVE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES Attest: By: Executive Director Its Agent for this Purpose BOARD OF COUNTY COMMISSIONERS By: Attest: Its Agent for this Purpose / / I I /~, ( _,' ~ I I - Typed Name and Title / ,I / , .-':{~ ~. ~~.~ ,_< t ,i, DNP Contract Manager .")(L (' \ ff' ~/:-C . ~17-v1-CL' Di'JR Conti-act Administ'-ator A:;.t;lED AS TO FORM A1:GAL SUr:FK::~ J BY A~~~~e ~./i/ ~.~~ DNR Attorney Effective Date Paqe 4 of 4