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Resolution 080-1987 Jeff Fisher, Director Extension Services RESOLUTION NO. 080 -1987 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN TO EXECUTE A FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES AND THE BOARD OF COUNTY COMMIS- SIONERS CONCERNING THE PROJECT KNOWN AS KEY LARGO NATIONAL MARINE SANCTUARY REEF MARKERS, KEY LARGO NATIONAL MARINE SANCTUARY, MONROE COUNTY, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby authorizes the Mayor/Chairman to execute a Florida Boating Improvement Program Development Project Agreement by and between the State of Florida Department of Natural Resources and the Board of County Commissioners, a copy of same being attached hereto, concerning the proj ect known as Key Largo National Marine Sanctuary Reef Markers, Key Largo National Marine Sanctuary, Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of January, A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) / .1 / 4 . J~ ~ ," ,; . '. {"'''' . . /.' BY: \. ,,'~~i.;. ..,'f.~~..' i' ;,,:,;..,'../':,..~,;:'Z;~:.tE,..:>:...~ .//" ~OR/CHAIRMAN _~ 'I/" U ATTEST :DANlf"i L. r:::''::XIL.C::r:, Clck ~: ~~R11)/ ~, "t.Lt3;2..?5 .~~ '~\l'"l ';'I~\"'l r r\~IJ, . ._-- -,~'-' ~. '~ .: ~ .~ 1'1 ~ ,. \. ,~ , \t r I I ... , . .I: AGREEMENT NO: STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT AGREEMENT The State of Florida Department of Natural Resources, hereinafter referred to as the DEPARTMENT, and Monroe County_ hereinafter referred to as the COUNTY, in pursuance of an approved recreational boating project, hereby agree to the following terms and conditions: 1. This agreement shall be performed in accordance with Chapter 327.28, Florida Statutes, and Chapter l6D-5, Part III, Florida Administrative Code. 2. The COUNTY agrees to' implement the recreational boating improvement project known as Key Largo Reef Markers (FBIP proj ect No. B86023 ), and as described in the project application approved by the DEPARTMENT and attached to this agreement as EXHIBIT A. 3. The COUNTY agrees to begin the project on or before . March 15, 1987 , and complete the project on or before March 15. 1988 If the project is not begun by the specified date. the COlmTY agrees to return to the DEPARTMENT any unexpended funds which may have been advanced to the COUNTY including any interest accrued on the funds while in the possession of the COUNTY. If the project is not completed by the specified date, the DEPARTMENT may withhold further payments, and deny any further requests for project approvals until the project has been completed. 4. The COUNTY shall provide the DEPARTMENT quarterly progress reports on the project, specifying the percentage of completion of each project element. 5. The DEPARTMENT agrees to obligate and make available to the COUNTY the approved project amount of $ 17 7% L.Q to be , used for the project authorized by this agreement. The funds will be released by the DEPARTMENT in installments and upon request by the COUNTY. Page 1 of 4 6. Payment request and expenditure documentation shall be submitted in accordance with the FBIP Grants Accountability Policy attached to and made a part of this'agree~ent as EXHIBIT B. 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 expenditure made prior to the execution of the agreement with the exception of $ 300.00 for the following: Bid advertisements 8. The COUNTY agrees that the 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 be~omes utilized for 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 all 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 returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for funding from the DEPARTMENT shall be denied until the funds have been returned. 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 Page 2 of 4 or other material made or receiveo in conjunction with the contract pursuant to the provisions of Chapter 119, Florida Statutes. 12. For any year in which this contract extends beyond the end of the DEPARTMENT fiscal year (June 30), performance by the DEPARTMENT 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. 13. 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. For the purpose of this contract, Chrys Sullivan, 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 the COUNTY. 16. The following special terms and conditions are included in this agreement: Within 60 days after receipt of payment request, the Contract Manager shall delegate to DNR staff any required site inspections to examine work accomplished, and shall review submitted project documentation and, if complete and in order, approve the request for payment. 17. This agreement shall become effective on the date of signature by the Executive Director of the DEPARTMENT or his assignee. Page 3 of 4 ,.\ IN WITNESS THERETO, the parties hereto have caused these presents to be executed by the officer or agents thereunton law- fully authorized. EXECUTIVE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES Attest: By: Elton J. Gissendanner Executive Director Its Agent for this Purpose Effective Date: BOARD OF COUNTY COMMISSIONERS Attest: By: Its Agent for this Purpose 11///) {.;(/tZPL Manager d,~ LJ~ DNR Contract Adm~nistrator ci~ DN Att ney ~"-~ Page 4 of 4