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Resolution 042-1988 .- Jeff Fisher, Director Extension Services RESOLUTION NO. 042-1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN TO EXECUTE A DEPARTMENT OF NATURAL RESOURCES FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES AND MONROE COUNTY CONCERNING THE PROJECT KNOWN AS SIMONTON STREET BOATER'S PARK, KEY WEST, MONROE COUNTY, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute a Department of Natural Resources Florida Boating Improvement Program Development Project Agreement by and between the State of Florida Department of Natural Resources and Monroe County, a copy of same being attached hereto, concerning the project known as Simonton Street Boater's Park, Key West, Monroe County, Florida. 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 January, A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA /7 ~~ l' BY: V'-?~~" ~/..dc iJY OR RMAN (SEAL) ATTEST J)M'4~~ 4~~J,}jt\G!.;1 C~.~fk ...6214. ;!JA1~j)~ CLERK /'. tr(....' r/~; ...-, - .. /;;') Vi::( "Y.f J ~... . ..~/ /' ..' .., i \ /1- ~~/ i.' / '--~~~'" ~~. '(' .. .'ii', .~~l~ry..: ,'" {""'_. ' . . '.' . ",. STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT AGREEMENT Contract No. C5072 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 a .recreational boating project approved under the Florida Boating Improvement Program (FBIP), hereby agree to the following terms and conditions: 1. This agreement shall be performed in accordance with Chapter 327.28. Florida Statutes, and Chapters 16A-l1 and 160-5, Part III~ Florida Administrative Code. 2. The COUNTY agrees to implement the recreational boating improvement project known as ~imnntnn ~trppt Rn~tpr'~ P~Tk (FBIP Project No. B87011 ), in accordance with the following project. elements which may be modified with due notice and good cause shown to the DEPARTMENT: To Rebuild ramp, pave portion of parking lot and other support facilities. 3. The COUNTY agrees to begin the project within six months after the execution date of this agreement and shall complete the project on or before 365 days of the execution date. If the project is not completed within this time, the Department shall withhold further payment and deny any further request for project approvals until the project has been completed. 4. If the County recieves advanced funds and the project is not begun within 90 days of receipt, the County shall return to the Department all advanced funds including interest accrued on the funds while in the Countys possession. 5. The DEPARTMENT agrees to obi ligate and make available to the COUNTY the approved project amount of $ 100,000.00 to be used for the project authorized by this agreement. The funds will be l-eleased by the DEPARTMENT in installments, unless advanced pursuant to the provision of paragraph ~21. 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 ey.ception of $ -0- for the following specific expenditures: PagE? 1 of 5 c. Eli9i~1Q ~nd ineligible cost are established in Chapter 16A-ll and Chapter 16D-5, Part III Florida Administrative Code. 7. Payment request and expenditure documentation shall be submitted in accordance with the Department's Grants Accountability Policy (Chapter 16A-ll. F.A.C.l. The Project Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished to (tate on the project and, if in order, approve the request for payment. The DEPARTMENT shall retain 10% of grant amount until completion of the project. 8. 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 matter resulting from litigation, claim, or audit that started prior to the expiration of the three-year record retention period. 9. 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 contract 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 contract pursuant to the provisions of Chapter 119. Florida Statutes. 10. 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. 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. 11. 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. 12. The COUNTY agrees that the project, when completed, will be operated and maintained in a satisfactory condition for public recreational boating purposes of a minimum twenty five (25) years from the date of project completion. The COUNTY further agrees to return to the DEPARTMENT funds tendered for the project with interest, In the event the project becomes utilized for other than public recreational boating purposes during this period. Page 2 of 5 '13. In t~Q event the COUNTY elects to implement a user fee system for anv public facilities, the COUNTY agree to impose such fees uniformly among the users regardless of race, s~x, age, religion or other condition or the political jurisdiction in which the user may reside. 14. The COUNTY agrees to save and hold harmless the DEPARTMENT, its officers. agents. and employees from any and all liabilities. claims, actions. damages, awards and judgements to the extent allowed by law, arising from the COUNTY obligations contained herein to construct, operate and maintain the project. 15. Linda Reeves, Grants Specialist or her successor, is hereby designated as the DEPARTMENT'S Project Manager for the purpose of this Project Agreement and shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to the DEPARTMENT upon execution of the Project Agreement, to act on behalf of the COUNTY relative to the provisions of the Project Agreement. The COUNTY Liaison Agent shall submit to the DEPARTMENT signed project status reports every sixty (60) days summarizing the work accomplished, problems encountered, percentage of completion and other appropriate information. Photographs shall be submitted when appropriate to reflect the work accomplished. 16. The DEPARTMENT'S performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 17. < a ) Any asphalt paving shall conform with the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders must specify thickness of asphalt and squan. .'ards to be paved. <b) The agreemeri ~oes not constitute consent by the Department to conduct drec ~g operations without first obtaining all necessary local aT ~tate permits for said dredging activity including permission ~ the Board of Trustees of the Internal Improvement Tru '='und. Any violations resulting from imprc er/illegal dre operations may result in automatic rermination of le A~reement by the Department with the "ounty being he liable for reimbursement of Page 3 D Jropriated funds provide through the ?ement. 18. It shall be the responsibility of the COUNTY to secure all allowable permits. 19. The COUNTY shall insure that all purchases of goods and services for the accomplishment of the project shall be secured in accordance with the provisions of the law. 20. The agreement shall become effective on the date of the ~ignature of the division Director or his designee of the department. 21. The COUNTY and the DEPARTMENT mutually agree to the following special terms and conditions incorporated as part of this Project Agreement: N/A Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the officer and agents thereunto lawfully authorized. EXECUTIVE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES Attest: Approved By: Ney C. Landrum, Director Division of Recreation and Parks Attest: COUNTY of: By: Its Agent for this Purpose Attest: City of: By: Its Agent for this Purpose t~~ DNR Project Manager c Ar~\ }I, ,\,\tS<-" fu,U ~NR Contract Admini trator DNR A'dJ:v '7 Effective Date Approved as to Form and Legality APPFl ",!t, AS TO FORM A, DLEG/ii SUFFlCIElifCY. ....\ i'" ~~.. " (!j4 ) Aft'''"ey'" Mico =W~ I Page 5 of 5 -.-", :) STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Florida Boating Improvement Program ~, Project Application Project Identification 1. Types of Project: Acquisition Development x Planning _ Launch Site X New For Office Use Only Docking Facility Expansion Date Received Channel Marking Renovation Project Number Other (specify) County Monroe 2. Project Title: Simonton Street Boater's Park 3. Project Location: Key West, Florida 4. Brief Description of Project: to rebuild ramp, pave portion of parking lot and other items in specifications on Schedule A or phase I s. Grant Requested: $ 100,000 Source of Other Funds: City Key West, grant, court penalty $ 100,000 (approx. ) Estimated Total Project Cost $ 200,000 (approxi. ) 6. Applicant Identification: Applicant County: Monroe Located in City of: Key West (if applicable) Liaison Agent : Jeffrey A. Fisher Appointed Representative of Monroe County, Board Name of County of C~unty Commissioners Address: P. o. Box 2545 Key West, FL 33045-2545 7. Phone No. 305~4-4642 ~}~O __' j Signature, _ YMt~ .~~~ ~ Date, 1-'V7 _ / ,5// At.(:e~t: DANNY L. KOLHA _lj' /) ~ j-' G~, Clerk /l ~ "'-'/1.''''' "M~ " ", . S!'A'!'E OF FI.Or.::JA OEP AP.T:1ENT OF NATtJ"'RAL ?.ESOU?.C::::S :lorida Boati~g Im?rova~e~t ?rogr~~ tl....o.;QC.. -- J- \,. ',.. '';'''a~';on .:-1.~';__... '-- for Develo:;men-:: 1 - . . r-_.'::)-c:.......: ,::::c:.:....O'. ....,..;..___.._? c_ ____. ?ece=al s...."..."" It,.___ !..::c::.l x 2. ~c-::al ~st~ated Cost: $ 200,000 3. ~y?e ~~d ~st~ated Cost of ?roposec Develop~ent (3y Unit! ::ac.:.li-:v Quantity and. Unit of Me as t.:.= e ~st!..::lated I Speci=:r No. a..'"lc./ or ?eet Cost to complete portion of work known as Phase I I I or Schedule A unker contract to 1 I " Toppino, Inc. 100,000 I I "' I I I l Cor. ti...""lgency - ~ 1".....-:0 1 - - '--- ( 10% maxi:num) 4. ~y?e and Stat~s of Req~red Pe~its, ::::asemen~s or ~eases '!:'.1.-pe : DER/USACOE Stat"..lS ok 5. ?e~~i=ed Attac~.ents a. vicinity map enclosed b. site develonment nlan - .. enclosed c. copies of" req'.lired per::'..i ts 1 stating none are requirec easa~ents or leases or letters' enClo sed d. proof of county/local ownership or o~~e= fo~ of site centrol e. Pr e- cons t::1:cti 0 n cc....-.;~;...:O~J..cn (,;: -... .....-- -'-'- - -.... applicable) *UNITS include: Boat Ramp Floating Dock Permanent Dock Slips Hoists Rest Rooms Parking Waterway Signs (Safety, Reg., Info., Channell Navagational Markings Dredging Nav. Channels Utilities (Sewer, Elect.Water) Landscaping Access Roads Lighting CN~ ...., -....- "'I..-u..:= "