Resolution 351-1987
Jeff Fisher, Extension Director
Boating Improvement Fund Liaison
RESOLUTION NO. 351-1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE
STATE OF FLORIDA DEPARTMENT OF NATURAL RE-
SOURCES CONTRACT NO. C 4772, IN RE: FLORIDA
ARTIFICIAL FISHING REEF PROGRAM TO CONSTRUCT
THE BIG PINE SHOAL MODULAR ARTIFICIAL REEF.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby authorizes the
Mayor/Chairman of the Board to execute State of Florida
Department of Natural Resources Contract No. C4 772, a copy of
same being attached hereto, in re: Florida Artificial Fishing
Reef Program to construct the Big Pine Shoal Modular Artificial
Reef.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 15th day of September, A. D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
( Seal)
Attest :DANNY L. KOLHAGE CI k
' , er
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APP ED AS TO F~:~ A
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BY
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DNR CONTRACT NO. GL/"7 7;r
16B-32.07(12)
FLORIDA DEPAR'lMENT OF NATURAL RESOURCES
DIVISION OF MARINE RESOURCES
Florida Artificial Fishiqg Reef Program
PROJECT AGREEMENT
THIS AGREEMENT, dated this
between the Florida Department
the Department, and the Monroe
Governme nt.
day of A.D., 1987, by and
of Natural Resources hereinafter referred to as
County, hereinafter referred to as the Local
WIT N E SSE T H :
That in and for the mutual covenants between the Department and the Local
Government, it is agreed as follows:
ill"
1. The Executive Director of the Florida Department of Natural
Resources, has approved an application sOOmi tted by the Local Government for the
artificial fishiqg reef construction project known as the Monroe County Reef
Project, to include the expenditure of $20,000 specifically for the following
eligible expenditure items:
Transportation of material to the staging
area and/or reef site, certain engi neeriqg
activities and advertisiqg.
2. The DEPAR'lMENT and the LOCAL GOVERNMENT fully unders tand and agree
that there shall be no reimbursement of funds by the DEPAR'lMENT for any
obligation or expenditure made prior to the execution of this agreement.
It is understood that ~rk perfonned by employees of the Local
Government or the use of materials or equipment of the Local Governnent are not
eligible expenditure items.
3. The Local Government agrees to cause the construction of the
artificial fishing reef project as mentioned above, such construction beiqg in
accordance wi th the project plans as desc ribed in their application and made a
part hereof by reference at the approved project location, as described in their
application.
4. The Local Government agrees to maintain said artificial fishing reef
at its own expense and covenants that it has the full legal authority to so
maintain. Such maintenance shall include project identification as set forth in
Rule 16B-32.07(9), Florida Administrative Code.
5. The Department agrees to hold in account the sum of $20,000 to be
expen,ped for the construction of said artificial fishiqg reef as described
in the Local Gove rnme nt's application, which is herein incorpo rated by
reference. Any portion of said funds may be release~ by the Department upon an
official request on DNR fonn 34-406 for payment of expenditures by the Local
Government as ap'proved by the Department. However, 10% of the amount set forth
in paragraph 1 herein shall be retained by the Department and shall not be
released to the local governnent prior to written verification of canpletion in
accordance wi th Paragraph 9 herein. All requests for payment and disbursal of
funds shall be made in strict accordance wi th the provisions of Rule 16B-32.08,
Florida Administrative Code. All invoices sOOmi tted for payment shall include
sufficient detail to perfonn proper pre-audit or post-audit, as required by the
Departme nt. This may include, but not be l1mi ted to, vendor invoices wi th cos ts
per hour or per load defined, and cancelled checks if the Local Governnent has
paid the vendor prior to seekiqg reimbursement fran the State. All
reimbursement for travel expenses will be made in accordance wi th Section
112.061, Florida Statutes upon presentation of required receipts.
6. The Local Government agrees to make the completed artificial fishiqg
reef available to the general public wi toout regard to race, c reed, sex, color,
national origi n, or location of the users' residence.
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7. The Local Goverrment agrees to commence construction UJ. che project
within 2 months, such period beginning on the date of the execution of this
agreement, and further agrees to complete said project on or before June 30
1988. In the event the construction of the project is not complete within this
time, the Department will have the right to cancel its obligations of any and
all financial assistance granted fo r the said proj ect. '"
8. The Local Goverrment agrees to provide access to all records and
grant rights to audit any books, documents and papers, for the inspection by the
Department for said Local Goverrment project. The Local Goverrment also agrees
to require any contractor or vendor receiving an award as a result of said
project to agree in writing to the application of this provision where such
pertains to the contractor's or vendor's records relating to said project. All
records, documents and papers relative to this contract and its performance
shall be retained by the Local Govermnent for a period not less than three years
following contract completion.
9. This contract may be cancelled by the Department without prior
notice for refusal by the contractor to allow public access to all documents,
papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the contractor in conjunction wi th
t he contract.
10. The Local Goverrment agrees to appoint a liaison agent to be
responsible for the successful completion of said project, the prompt
implementation of the provi sions of this agreement, and the submi ssion of
progress reports at least every 60 days from the date of the execution of this
Agreement until the project is certified complete. The liaison agent shall
certify the completion of a project by affidavi t to be submi tted wi th the final
request for payment.
11. The transport of all material pursuant to this contract shall be
wi tnessed by the Artificial Fishing Reef Liaison Officer or his/her designee.
In the alternative, the Department shall require a qualified diver to inspect
the site to ascertain that the specified volume of material has been placed on
the designated site. In the event such a diver is employed, he shall be paid
by the Department and the cost of employing such a diver shall be deducted fran
the final payment to the Local Government. The Local Goverrment understands and
agrees that no final payment for services rendered shall be due in the absence
of or prior to written verification of placement of material by the Artificial
Fishing Reef Liaison Officer or the diver hired by the Department.
12. The Local Govermnent agrees to hold and save the Florida Deparbnent
of Natural Resources harmless fran liability of any nature or kind, including
costs and expenses, for or on account of any or all suits or damages of any
character whatsoever resulting fran injuries or damages sustained by any
person(s) or property by virtue of the existence of said project.
13. The Local Government agrees to allow the Department of Natural
Resources to conduct on-site inspections of the staging areas(s); of its
trapsportation equipment; of its material to be placed on the proposed reef; of
the completed reef project. Moreover, a designated representative of the
Department, upon request and at the risk and costs,of the Department, must be
allowed to acc!Epany the material conveyances to the placement site.
14. In the event the Local Government fails to comply with the terms and
condi tions of this Agreement the Agreement may be considered null and void and
the Department will have the right to cancel its financial and legal obligations
as identified in this agreement.
Following receipt of an audit report identifying any reimbursement due the
Department for non-compliance wi th the contract, the contractor will be allOW"ed
a maximum of 60 days to submit any additional pertinent documentation to offset
the amount identified as being due the Department.
15. Rule 16B-32 of the Florida Admi nistrative Code, entitled .'The
Comprehensive Artificial Fishing Reef Program Control Code," is expressly made a
part of this contract and is incorporated herein by reference as if fully set
forth. The Local Govermnent agrees to abide by and comply wi th all provisions
of such rule and to require any contractor or vendor entering a contract as a
result of said project to agree in writing to his compliance wi th this
paragraph.
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16. The Den:=!rtment's undersigned contract manager or his successor shall
be responsible f( orcing perfonnance of the contract tenns ; ,nditions
and he shall serve as a liaison with the Local Goverrment and shall approve all
invoices prior to payment.
17. The Department's perfonnance and obligation to pay under this
contract is contingent upon an annual appropriation by the Legislature.
18. In accordance with Chapter 215.422, Florida Statutes, interest at a
rate of one (1) percent per month or portion thereof shall be paid to the
vendor/contractor if a warrant in payment of an invoice is not mailed by a State
agency within 45 days after receipt of a correct invoice and receipt,
inspection, and approval of the goods and/or services.
19. "It is expr essly unders tood and agreed that any articles which are
the subject of, or required to carry out this contract shall be purchased fran
the Corporation identified under Chapter 946 F.S. in the same manner, and under
the procedure set forth in Section 946.15(2), (4), F.S. and for purposes of !'his
contract the person, finn or other business entity carrying out the provision of
this contract, shall be deemed to be substituted for this agency insofar as
dealing with such corporation.'. The "Corporation identified" is PRISION
REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.).
In accordance wi th Chapter 946 Florida Statute, as amended by the 1984/85
Legislature this requirement is hereby made a part of this agreement. If you,
as a vendor, need to obtain infonnation and cost on products and/or services
available fran P.R.IoD.E. , please contact P.R.I.D.E. at the address listed
below:
P.R.I.D.E.
611 Druid Road East, Suite 71 5
Clearwa ter, Florida 33516
At t: Jame s McDonie
Tel 813/441-1950
20. "If the grantee/contractor is subject to the provisions of Office of
Management and Budget (O.M.B.) Circular flA-128, then the grantee/contractor
shall furnish a copy of the independent financial and compliance aOOi t (required
by Circular f/A-128) to the Departme nt wi thin 30 days after furnishing the
original audit to the Office of Management and Budget."
21. This proj ect agreement is executed in duplicate, each copy of which
shall for all purposes be considered an original.
I N WITNESS WHEREOF, the parties hereto executed this Agreeme nt on
the day and year first above written.
EXECUTIVE DIRECTOR OF THE FLORIM
DEPAR'IMENT OF NATURAL RESOURCES
OR DESIGNATED REPRESENTATIVE
..
( SEAL)
Name (Please Type)
Attest:
Signature
( SEAL)
Attest:
Name and Title of Local Goverrment
Representative (Please Type)
d
DNR At to ney
DNR Contract Manager
Signature of Local Gave rrme nt
Repr esentative
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DNR f134-404 (amended 7/87)
BY
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