Resolution 269-1986
Jeff Fisher, Director
Extension Services
RESOLUTION NO. 269-1986
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, APPROVING,
AND AUTHORIZING 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 ARTIFICIAL REEF CONSTRUCTION PROJECT
KNOWN AS MARATHON ARTIFICIAL REEF.
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 artificial reef construction
project known as Marathon 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 5th day of September, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: ~.~~,jW:-."'--'\:-~
MAYOR/CHAIlWU\N
(SEAL)
ATTEST: DMffiX 1.. KOLHAGE, CIsk
~.J.:f~ .5Qf1
LERK r
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BY
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16B-32.07( 1l./
FLORIDA DEPARTMENT OF NATURAL RESOURCES
DIVISION OF MARINE RESOURCES
Florida Artificial Fishing Reef Program
PROJECT AGREEMENT
THIS AGREEMENT, dated this
between the Florida Department of
the Department, and the County of
Local Government.
day of A.D., 19~, by and
Natural Resources hereinafter referred to as
Monroe , hereinafter referred to as the
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:
1. The Executive Director of the Florida Department of Natural
Resources, has approved an application submitted by the Local Government for the
artificial fishing reef construction project known as Marathon Artificial Reef,
to include the expenditure of $20,000.00 specifically for the following
eligible expenditure items:
Transportation of material to the reef sites.
2. The DEPARTMENT and the LOCAL GOVERNMENT fully understand and agree
that there shall be no reimbursement of funds by the DEPARTMENT for any obliga-
~ion or expenditure made prior to the execution of this agreement.
It is understood that work performed by employees of the Local
Government or the use of materials or equipment of the Local Government are not
eligible expendi ture i terns.
3. The Local Government agrees to cause the construction of the artifi-
cial fishing reef project as mentioned above, such construction being in accor-
dance wi th tne proj ect plans attached hereto and made a part hereof as
Attachment "1", at the approved project location, a description is attached
hereto and made a part hereof as Attachment "2".
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.
s. The Department agrees to hold in account the sum of $20,000.00 to be
expended for the construction of said artificial fishing reef as shown on
Attachment "I". Any portion of said funds may be released by the Department
upon an official request on DNR form 3~-406 for payment of expenditures by the
Local Government as approved 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 government prior to written verification of completion in
accordance with Paragraph 9 herein. All requests for payment and disbursal of
funds shall be made in strict accordance with the provisions of Rule 16B-32.08,
Florida Administrative Code. All invoices submitted for payment shall include
sufficient detail to perform proper pre-audit or post-audit, as required by the
Department. This may include, but not be limited to, vendor invoices with costs
per hour or per load defined, and cancelled checks if the Local Government has
paid the vendor prior to seeking reimbursement from the State. '
6. The Local Government agrees to make the completed artificial fishing
reef available to the general public without regard to race, creed, sex, color,
national origin, or location of the users' residence.
7. The Local Goveranent agrees to commence construction of the project
within 3 . months, such period beginning on the date of the execution of this
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agreement, all ther agrees to complete said project on or ~____e June 30,
1987. In the event the construction of the project is not complete within one
year of the date of the execution of the Agreement, the Department will have the
right to cancel its obligations of any and all financial assistance granted for
the said project.
8. The Local Government 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 Government project. The Local Government also agrees
to require any contractor or vendor receiving an award as a result of said pro-
ject to agree in writing to the application of this provision where such per-
tains 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 Government for a period not less than three years
following contract completion.
9. The Local Government agrees to appoint a liaison agent to be respon-
sible for the successful completion of said project, the prompt implementation
of the provisions of this ag'reement, and the submission of progress reports at
least every 60 days from the date of the execution of this Agreement until the
project is certified complete. The 11 aison agent shall certify the completion
of a project by affidavi t to be submi tted wi th the final request for payment.
10. The transport of all material pursuant to this contract shall be wit-
nessed 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 from the
final payment to the Local Government. The Local Government understands and
agrees that no final payment for services rendered shall be due in the absence
~f or prior to written verification of placement of material by the Artificial
Fishing Reef Liaison Officer or the diver hired by the Department.
11. The Local Government agrees to hold and save the Florida Department
of Natural Resources harmless from 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 from injuries or damages sustained by any
. person( s) or property by virtue of the existence of said proj ect.
12. The Local Government agrees to allow the Department of Natural
Resources to conduct on-site inspections of the staging areas(s); of its
transportation 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
allGwed to accompany the material conveyances to the placement site.
13. In the event the Local Government fails to comply with the terms and
conditions 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 reimburse-ment due the
Department for non-compliance wi th the contract, the contractor will be allowed
a maximum of 60 days to submit any additional pertinent documentation to offset
the amount identified as being due the Department.
14. Rule 16B-32 of the Florida Administrative 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 Gove rnment 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 with this
paragraph.
15. The Department's unde rs igned contract manager or his suc cessor shall
be responsible for enforcing performance of the contract terms and conditions
and he shall serve as a liaison with the Local Government and shall approve all
invoices prior to payment.
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16. ~ne uepartment's performance and obligation to pay unoer this
contract is contingent upon an annual appropriation by the Legislature.
17. 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, inspec-
tion, and approval of the goods and/or services.
18. "It is expressly unders tood and agreed that any articles which are
the subject of, or required to carry out this contract shall be purchased from
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 this
contract the person, firm or other business entity carrying out the provision of
this contract, shall be deemed to be substituted for this agency insofar as
dealing wi. th such corporation." The "Corporation identified" is PRISION
REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.).
In accordance with 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 information and cost on products and/or
services available from P.R.I.D.E., please contact P.R.I.D.E. at the address
listed below:
P.R.I.D.E.
611 Druid Road East, Suite 715
Clearwater, Florida 33516
Att: James McDonie
Tel 813/441-1950
19. "If the grantee/contractor is subject to the provisions of Office of
-Management and Budget (O.M.B.) Circular #A-128, then the grantee/contractor
shall furnish a copy of the independent financial and compliance audit (required
by Circular #A-128) to the Department within 30 days after furnishing the origi-
nal audi t to the Office of Management and Budget." ,
20. This project agreement is executed in duplicate, each copy of which
shall for all purposes be considered an original.
IN WITNESS WHEREOF, the parties hereto executed this Agreement on
the day and year first above written.
EXECUTIVE DIRECTOR OF THE FLORIDA
DEPAR1MENT OF NATURAL RESOURCES
( SEAL)
Dr. Elton J. Gissendanner
Name (Please Type)
Attest:
Signature
( SEAL)
Attest:
Name and Title of Local Government
Representative (Please Type)
rI.. ~.Jw.. ~ J. WJ
DNR At t rney .
DNR Contract Manager
Signature
~f?b4
DNR 1134-404 (amended 7/86)
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APP, VEDAS TO F~:~/J
A l GAL SUJ!IC~
BY , !
Attornev's Office ,