Contract B9612STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BOATING IMPROVEMENT PROGRAM
DEVELOPMENT PROJECT GRANT AGREEMENT
Contract No. B9612
This Agreement is entered into this I f, day of
w 19 5 � between the State of Florida, Department of
Environmental Protection, hereinafter referred to as the
DEPARTMENT, and Monroe County, hereinafter referred to as the
COUNTY, in pursuance of a project approved under the Florida
Boating Improvement Program (Program).
1. This Agreement shall be performed in accordance with
Sections 370.021(1), 327.25(12), and 327.28, Florida Statutes,
and Chapters 62A-11 and 62D-5, Part III, Florida Administrative
Code, which are hereby incorporated by reference as if fully set
forth herein.
2. The COUNTY agrees to construct the project known as
Regulatory Buoys -Ocean Reef Key Largo(FBIP Project No. B96012),
in accordance with the plans and specifications prepared by, or
under the supervision and review of, a registered professional
architect, engineer or other appropriate professional. These
elements are identified in the project application which is made
a part of this Agreement by reference: installation of
regulatory buoys.
3. This Agreement shall become effective upon execution by
the DEPARTMENT. The COUNTY agrees to complete the project on or
before two years from the effective date.
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4. The DEPARTMENT agrees to obligate and make available to
the COUNTY the approved project amount of $11,880.00 for the
project authorized by this Agreement. The DEPARTMENT will
release the funds on a reimbursement basis. 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 $-0- for the
following expenditures: N/A
5. Rita Pate, Community Assistance Consultant or her
successor, designated as the DEPARTMENTS Project Manager for the
purpose of this Agreement, is responsible for ensuring
performance of its terms and conditions and shall approve all
payment requests prior to payment. The COUNTY shall submit to
the DEPARTMENT signed quarterly project status reports on a
calendar basis summarizing work accomplished, problems
encountered, percentage of completion, and other appropriate
information. Photographs shall be submitted when appropriate to
reflect work accomplished.
6. The DEPARTMENT'S performance and obligation to pay
under this Agreement is contingent upon an annual appropriation
by the Legislature.
7. Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees, contractors,
and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity and the
limitations set forth in Section 768.28, Florida Statutes.
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8. Upon project completion, the engineer, architect or
other appropriate professional shall sign a statement certifying
satisfactory completion of the project in accordance with the
prepared plans and specifications.
9. Asphalt paving shall conform with the Florida Department
of Transportation's specifications for road and bridge construc-
tion. Bid specifications, contracts, and/or purchase orders must
specify thickness of asphalt and square yards to be paved.
10. Eligible and ineligible project costs are established in
Chapters 62A-11 and 62D-5, Part III, Florida Administrative Code.
The COUNTY shall submit payment requests and expenditure
documentation to the DEPARTMENT in accordance with the
DEPARTMENT's Grant and Contract Accountability Policy, Chapter
62A-11, Florida Administrative Code, said requests being in
detail sufficient for a proper pre -audit and post -audit thereof.
The Project Manager shall, within sixty (60) days after receipt
of a payment request, review the work accomplished to date on the
project and, if in order, approve the request for payment. The
DEPARTMENT shall retain 10% of the grant amount until completion
of the project and all final project documentation has been
submitted by the COUNTY and approved by the DEPARTMENT.
11. The COUNTY is responsible for obtaining all state and
federal permits, licenses, agreements, leases, easements, etc.,
required for the project.
12. The COUNTY shall retain all records supporting project
costs for three (3) years after the fiscal year in which the
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final program payment was released by the DEPARTMENT or until
final resolution of matters resulting from any litigation, claim,
or audit that started prior to the expiration of the three-year
record retention period.
13. The DEPARTMENT reserves the right to inspect the project
as well as the right to audit any and all financial records
pertaining to the project at any reasonable time. This Agreement
can be unilaterally cancelled by the DEPARTMENT should the COUNTY
refuse to allow public access to all documents, papers, letters
or other material made or received in conjunction with the
Agreement pursuant to the provisions of Chapter 119, Florida
Statutes.
14. The COUNTY agrees that the project, when completed,
shall be dedicated for public recreational uses. The dedication
shall extend for a minimum of twenty-five (25) years and shall be
recorded in the public property records. The COUNTY further
agrees to return to the DEPARTMENT funds tendered for the project
in the event the project becomes utilized for other than the
purposes of the project during this period.
15. The COUNTY shall erect a permanent sign identifying the
program and the DEPARTMENT as a funding source of project
construction.
16. No person, on the grounds of race, creed, color,
national origin, age, sex, or disability, shall be excluded from
participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this
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Agreement.
17. This Agreement strictly prohibits the expenditure of
FBIP funds for the purpose of lobbying the Legislature, the
judicial branch, or a state agency.
18. Any local governmental entity, nonprofit organization,
or for -profit organization that is awarded funds from a grants
and aids appropriation by a state agency shall:
(a) If the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor General
promulgated pursuant to s. 11.45;
(b) If the amounts received exceed $25,000, but do not
exceed $100,000, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to s. 11.45 or
have a statement prepared by an independent certified public
accountant which attests that the receiving entity or
organization has complied with the provisions of the grant; or
(c) If the amounts received do not exceed $25,000, have the
head of the entity or organization attest, under penalties of
perjury, that the entity or organization has complied with the
provisions of the grant.
19. The DEPARTMENT shall have the right to terminate this
Agreement and demand refund of Program funds for non-compliance
with the terms and conditions of the Agreement. Failure to
comply with the provisions shall result in the DEPARTMENT
declaring the COUNTY ineligible for further participation in the
Program until such time as the COUNTY complies with the terms.
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0
20. If it becomes necessary for the DEPARTMENT to demand a
refund of any or all funds tendered pursuant to this Agreement,
the COUNTY agrees to return said funds to the DEPARTMENT within
sixty (60) days after notification by the DEPARTMENT. If not
returned within sixty days, the COUNTY understands and agrees
that any further COUNTY requests for funding as to this or any
other program under the DEPARTMENT'S administration shall be
denied until the funds have been returned.
21. 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.
22. This Agreement represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or
waivers of provisions of this 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 Agreement.
23. The COUNTY and the DEPARTMENT mutually agree to the
following special terms and conditions incorporated as part of
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed, the day and year first above written.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By:
Director or Designee
Division of Recreation and Parks
DEP Project Manager
Approved as to
Form and Legality
DEP Attorney
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
B111a 7
ChairmaWlor designee*
Title 10"41pylG
Address:
5100 College Road
Key West, Florida 33040
5 P'q7WAF'
-45 PAP
(SEAL)
ATTEST. DANNY L. K AGE, CLERK
BY�G
DEPUTY CLERK
*If someone other than the Chairman signs the contract, a
resolution, statement or other document authorizing that person to
sign the contract on behalf of the county must accompany the
contract.
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