Loading...
Resolution 294-1986 --" Jeff Fisher, Director Extension Services RESOLUTION NO. 294 -1986 A RESOLUTION OF THE BOARD OF COUNTY COMr.lIS- SIONERS OF MONROE COUNTY, FLORIDA, APPROVING, AND AUTHOR I ZING THE MAYOR AND CHAIRMAN OF SAID BOARD TO EXECUTE A PROJECT AGREEMENT BY AND BETWEEN THE FLORIDA DEPARTMENT OF NATURAL RESOURCES AND THE COUNTY OF MONROE CONCERNING THE PROJECT KNOWN,AS DODGE LAKE BOAT RAMP. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby approves and authorizes the Mayor and Chairman of the Board to execute a Project Agreement by and between the Florida Department of Natural Resources and the County of Monroe, a copy of same being attached hereto, concerning the project known as Dodge Lake Boat Ramp. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, A.D. 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: . A ~ ~A~""'~ ~~.'.' \~ MAYOR/CHAIRMAN (SEAL) ATTEST: DANNX 1.. KOLHAGE, Clerk ~~I)L APPROVED AS TO FORM ANDLEGALSUFAC~NCY -'''''' c. " ... . - DNH L;UNTRACT NO. C- ~u g ~ ST^TE 010 FLORID^ 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 Statute~, and Chapter 160-5, Part III, Florida Administrative Code. 2. The COUNTY agrees to implement the recreational boating improvement proj ect known as Dodge Lake Boat Ramp (FBIP Project No. B86003 ), 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 September 1, 1986 ,J and complete the project on or before September 1, '1987 If the project.is not begun by the specified date, the COUNTY 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 $ 26,440 to be used for the project authorized by this agreement. The ~unds will be released by the DEPARTMENT in installm~nts and upon request by the COUNTY. '. Page 1 of 4 ", '. . 6. Payment request and expend~ture documentation shall be submitted in accordance with the FBrp Grants Accountability Policy attached to and made a part of this agreement 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 $ 26,440 for the following: Materials and labor for ramp repair 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 da~e 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 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. r" 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 received in conjunction with the contract pursuant to the provisions of Ch~pter 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 t~ the . DEPARTMENT for the purpose of this contract and program. 13. The COUNTY agrees to hold L~e DEPlL~TMENT harmless from ~ any liability or claim that may result from the implementation of the project or f~om.alleged negligence in maintenance or operation, to the extent allowed by law. 14. If at any time a user fee system is implementedfor.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 ?pecialist-, or successor is designated as the DEPARTMENT Contract Manager and shall be responsible for insuring contract performance, approving all payments pri~r,to payment, and serving as liaison with the COUNTY.' 16. The following special terms and conditions are included in this agreement: With~n 60 days after receipt of payment request, the Contract Manager shall delegate to DNR sta=f 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. t Page 3 of 4 t(',' . \ - '. IN WITNESS THERETO, the partie~ hereto have caused these presents to be execut0d by the officer or ngents thereunton law- fully authorized. EXECUTIVE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES -' Attest: By: El ton "J. Gissendanner .Executive'~irector Its Agent for this Purpose Effective Date: BOARD OF COUNTY COMMISSIONERS Attest:DANNx La. KOLHAGE, Clerk ~J.:/M' f)L C~.j;JawP D~R ontract Manager By: ~~.~"'''W'l ": \..~~ ..... ,.L.JJ ~ Its Agent for this Purpose ~.~;~ DNR Attorney .- \. " \">,-.'1(> 4 nf 11