Resolution 069-1988
Jeff Fisher, Director
Extension Services
RESOLUTION NO. 069 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
S lONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR/CHAIRMAN TO EXECUTE A
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 KEY LARGO BIBB & DUANE
ARTIFICIAL REEF.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby authorizes the
Mayor/Chairman to execute a Florida Boating Improvement Program
Development Project Agreement by and between the State of Florida
Department of Natural Resources and the Board of County
Commissioners, a copy of same being attached hereto, concerning
the project known as Key Largo Bibb & Duane 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 2nd day of February, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY: tf' /V~::
MAYOR/CHAIRMAN
(SEAL)
ATTEST: DANNY 1. KOLHAGE, Clerk
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STATE OF FLORIDA
NT OF NATURAL RESOURCES
FLORIDA BOATING IMPROVEMENT PROGRAM
DEVELOPMENT PROJECT AGREEMENT
ContI-act No. C S--Ol?S
The State of Florida Department of Natural Resources, hereinafter
referred to as the DEPARTMENT, and Monrop Connt.y
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-ll and 16D-5. Part III. Florida
Administrative Code.
2. The COUNTY agrees to implement the recreational boating
improvement project known as Kev Largo Bibb & Duane Artifical Reef
(FBIP PrOject No.B87016 ). in accordance with the following project
elements which may be modified with due notice and good cause shown to the
DEPARTMENT:
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 Departmen" shall withhold further payment and deny
anv further request for project approvals until the project has b~en
completed.
Lt. If the County recieves advanced funds and the prOject is not
begun withln 90 days of receipt, the County shall return to the
Department all advanced funds including interest accrued on the funds
w~ile in the Countys possession.
5, The DEPARTMENT agrees to obiligate and make available to the
COUNTY the approved project amount of $ 20,000.00
to be
used for the project authorized by this agreement.
The funds will be
released 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
exception of $ 20,000.00
for the following specific expenditures:
To clean and sink two large, retired Coast Guard Cutters.
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Ellcloie and '--l'nible cost are established in Chapter IbA-]1
ana Chapter ]60-5, Part 111 Florida AdmInistrative Code.
7. Payment request and eKpenditure documentation shall be submitted
in accordance with the Department's Grants Accountability Policy (Chapter
I ",04- I ]. F. H. C. .' .
lhe PrOject Manager shall, within Ei~ty (601 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 DEPARH1EI-JT
'shal] 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.
q 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
SlxtV (001 days.
If not returned within sixty days. the COUNTY
understands and agrees that any further COUNTY requests for funding as to
thIS Or anv 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. Th~ COUNTY agrees that the project, when completed, will be
ooerated 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.
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l3. !~ the eve~t the COUNTY elects to impleme~t a user fee system
for an, auollc facili
;he COUNTY agree to impose such fees
uniformly among the users regardless of race, sex, 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,
arislnq from the COUNTY obligations contained herein to construct.
operate and maintain the proJect.
15. Linda Reeves. Gra~ts 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,
percencage of completion and other appropriate information.
~nocoqraohs shall be submitted when appropriate to reflect the work
accomplIShed.
lb. The DEPARTMENT'S performance and obligation to pay under
thIS contract is contingent upon an annual appropriation by the
Legislature.
(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 square yards to be paved.
(b) The a~reement does not constitute consent by the Department
to conduct dredging operations without first obtaining all
necessary local and State permits for said dredging activity
including permission from the Board of Trustees of the
Internal Improvement Trust Fund.
Any violations resulting
from improper/illegal dredging operations may result in
automatic termination of the Agreement by the Department
wlch the Countv being heldliable for reimbursement of
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appro--'-~~d funds provide through the agreement.
~6. 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 pro)ect shall be secured in
accordance with the provisions of the law.
20. The agreement shall become effective on the date of the
~lgnature of the division Director or his designee of the department.
21. The COUNTY and the DEPARTMENT mutually agree to the following
soecial terms and conditions incorporated as part of this Project
Agreement:
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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: MONROR
By:
Its Agent for this Purpose
Attest:
City of:
Bv:
Its Agent for this Purpose
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DNR Attornev
Effective Date
Approved as to
Form and Legality
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