Resolution 304-1987
- '.
Jeff Fisher, Extension Director
Boating Improvement Fund Liaison
RESOLUTION NO. 304 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMI-US-
SIONERS OF MONROE COUNTY, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD
TO EXECUTE STATE OF FLORIDA DEPARTMENT OF
NATURAL RESOURCES CONTRACT NO. C4719, IN RE:
FLORIDA BOATING IMPROVEMENT FUND PROJECT KNOWN
AS LOWER KEYS REEF MOORINGS.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Board of County Commissioners of Monroe County,
Florida, hereby approves and authorizes the Mayor/Chairman of the
Board to execute State of Florida Department of Natural Resources
Contract No. C4719, a copy of same being attached hereto, in re:
Florida Boating Improvement Fund Project known as Lower Keys Reef
Moorings.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 4th day of August, A. D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF ONROE COUNTY, FLORIDA
( Seal)
Attest :PANNX L. KOLHAGE, Clerk
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APPROVED AS TO rOf?M
AIVD 'E ,/if. SUFFlCIENC .
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DEPARTMENT OF NATURAL RESOURCES
FLOF.]D{~ BO~,lr~c:; IMf:Of~OvErv'I::::1\1T PROGRAf'1
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l'.'E ':..,o'.:Ec Q~ f-loilcJa !Je~artrnC'nt 01 Na.curol Resouices, herelnc1ter
referreo to as the DEPARTMENT, and
Monroe County
h~rElndfter referred to as the CDUN1Y, ln pursuance of an approved
recreatlonal boating project, hereby agree to the following terms and
conditions:
1. ThlS agreement shall be performed 1n accordance w1th Chapter
327.28, Florida Statutes, and Chapter 16D-5, Part III, Florida
Administratlve Code.
2. The COUNTY agrees to implement the recreational boating
improvement project known as Lower Keys Reef Moorings
( F;= 1 F' Pi 0 i pet f\Jc. B86 721 ) .
and as described in the project
applicatlon approved by the DEPARTMENT and attached to this agreement
as EY'J~jol T h.
l~E COUNTV agrees ~o oegln ~he 'project on or before
6 Months following
a gre c;ne.nL.gl'~~t lQ/l
365 days following
agreement executlun
and complete the prOjEct on or before
If the project is not begun by the
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~~~-ees to re~urn to
t h'? [iEPARHiEI\Jj
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"' he CCIUI'F"
includin;
an~' :~:eres~ accru'?c on the funds wh:le :n the possession of the
C:JUi<T \ .
~f ~he project :s not completed by the specified date, the
DE;::2;~TI':E:1 may wl:nnc;]c fur~ne;- payments, and deny any further
reouests for project approvals until the project has been completed.
I j~,= .=: ~I ~ ~ -;- y c::: :-, c. 2
P,-C:,V:clP ,,-,"" DEf:O,'C,RTI'I[I\Jj ouc;;-tel-]\ progrec:~,
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of
CO rnCI 1 e t i (I n
Df
each project element.
5. The DEPARTMENT agrees to obligate and make available to the
COUNTY the approved project amount of $ 22,720
to be
used fo~ the project authorized by this agreement.
The funds will be
releas'?d by the DEPARTMENT 1n installments and upon request by the
COUI\JTY.
6. Payment request and e~penditure documentation shall be
submi~:ed in accordance with the FBIP Grants Accountability Policy
Page
o"f ~
attacheo to and made a part of thIS agreement as EXHIBlr D.
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
e>:penditure made prior to the execution of the agreement with the
excep t i on of $ 300. 00
for the following:
Bid Advertisements.
8. The COUNTY agrees that the project 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
becomes utIlIzed tor 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 ~ll 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 r e t urn e d l"s i t h ins i >: t y day 5., the C Ol Ji'JT Y
understands and agrees that any further COUNTY requests for funding
from the DEPARTMENT shall be denied until the funds have been
returneo.
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 or other
mater-Ial made or received on previous page in conjunction with the
contract pursuant to the provisions of Chapter 119, Florida Statutes.
Page 2 of 4
12. For any year in which this contract extends beyond the end of
the D~PARTM[NT fiscal year 'June 30), performance by the DEPARTMENl
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.
]3. 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~ FC'l- the PU1-pose of thi':") contl-act, Chrys Sul1ivan~ 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
tne COUNTY.
16. The following special terms and conditions are included In
tr: i s ag,-eement:
L,hthin 6U days aftei- receipt of payment j-equest, the Contr-act
Manager shall delegate to DNR staff any required site inspections
to e~amine work accomplished, and shall review submitted project
documentation and, if complete and in order, approve the request
for payment.
Aspnalt paving, if an element of thIS project. shall confIrm to
r I 0 r- I daD e p a 1- t men t 0 f T j- an s p 0 ,- tat Ion s pee i fie a t ion~, for ~- 0 a (1 and
bridge construction.
The State of Florida performance and obligation
to pay under this
contract is contingent upon an annual appropriation by the
Legislature.
Page 3 of 4
~"l,= 6gTeemE,r-,t shall become effectlvE: on thE' date of
signature by the Executlve Director of the Department or his assignee.
IN ~ITNE5S THERETO. the partiE'S hereto have caused these presents
to be Executed by the officer or agents thereunto lawfully authorized.
EXECUTIVE BOARD OF THE
DEPARTMENT OF NATURAL RESOURCES
Attest:
By:
Executive Director
Its Agent for this Purpose
BOARD OF COUNTY COMMISSIONERS
By:
Attest:
Its Agent for this Purpose
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Typed Name and Title
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DNP Contract Manager
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Di'JR Conti-act Administ'-ator
A:;.t;lED AS TO FORM
A1:GAL SUr:FK::~ J
BY A~~~~e ~./i/
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DNR Attorney
Effective Date
Paqe 4 of 4