Contract B96091
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BOATING IMPROVEMENT PROGRAM
RETROACTIVE PROJECT GRANT AGREEMENT
Contract No.B9609
This Agreement is entered into this Z-� �= day of
�''V Z"ems 19 T�— , between the State of Florida Department of
Environmental Protection, hereinafter referred to ae=tbe
DEPARTMENT and Monroe County hereinafter referred to as thy,
_m.
COUNTY, in pursuance of a project approved under the Florid x
Boating Improvement Program (FBIP). - -n
1. This Agreement shall be performed in accordance wig
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 has completed the project known as Emergency
Repair of channel Marker #13-Windley Key Channel (FBIP Project
No. B96009), in accordance with the plans and specification
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:
channel marker repair.
3. The DEPARTMENT agrees to obligate and make available to
the COUNTY the approved project amount of $1,325.00 for the
project authorized by this Agreement pursuant to the provisions
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of Section 62D-5.033(9), Florida Administrative Code.
4. The Agreement shall become effective on the date of
execution by the DEPARTMENT.
5. Rita Pate, Community Assistance Consultant or her
successor, designated as the DEPARTMENT'S Project Manager for the
purpose of this Agreement, is responsible for ensuring
performance of its terms and conditions and shall approve all
reimbursement requests prior to payment.
6. The DEPARTMENTS 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.
8. Any asphalt paving shall conform with the Florida
Department of Transportations specifications for road and bridge
construction. Bid specifications, contracts and/or purchase
orders must specify thickness of asphalt and square yards to be
paved.
9. Eligible and ineligible program 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
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62A-11, Florida Administrative Code. 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 log
of the grant amount until all final project documentation has
been submitted and final inspections completed by the COUNTY and
approved by the DEPARTMENT.
10. It shall be the responsibility of the COUNTY to obtain
all state and federal permits, licenses, agreement leases,
easements, etc., for the project.
11. The COUNTY shall retain all records supporting project
costs for three (3) years after the fiscal year in which the
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.
12. 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.
13. The COUNTY agrees that the project will be operated and
maintained in a satisfactory condition for public recreational
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boating purposes for a minimum of twenty- five (25) years from
the date of project completion. The COUNTY further agrees to
return to the DEPARTMENT funds tendered for the project in the
event the project becomes utilized for other than public
recreational boating purposes during this period.
14. The COUNTY shall erect a permanent sign identifying the
program and the DEPARTMENT as a funding source of project
construction.
15. 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
Agreement.
16. This Agreement strictly prohibits the expenditure of
FBIP funds for the purpose of lobbying the Legislature, the
judicial branch, or a state agency.
17. 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
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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.
18. The DEPARTMENT shall have the right to terminate this
project Agreement and demand refund of Program funds for non-
compliance with the terms and conditions of the Agreement.
Failure to comply with these terms and condition shall result in
the DEPARTMENT declaring the COUNTY ineligible for further
participation in the Program until such time as the COUNTY
complies therewith.
19. 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, with
interest, 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 project under the DEPARTMENT
administration shall be denied until the funds have
been returned.
20. 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.
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21. This Project 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.
22. The COUNTY and the DEPARTMENT mutually agree to the
following special terms and conditions incorporated as part of
this Agreement:
Payment request and close-out documentation must be
submitted to the DEPARTMENT no later than sixty (60) days after
execution of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above
written.
STATE OF FLORIDA DEPARTMENT BOARD OF COUNTY COMMISSIONERS
OF ENVIRONME AL PROTECTION OF MONROE COUNTY
By: By.J., - _PA
Di c o Desi ee airman4 esignee*
' D' Rec eation and Parks
DEP Project Manager
Title:
Address:
5100 College Road
Approved as to Key West, Florida 33040
Form and Legality
DEP Attorney County Att ney
*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.
Attest: DANNY L.KOLHAGE, Clerk
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By C.. QU&p ,. '
Deputy Clerk 0_ k9-4 S