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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 ~~~", 1 .t BY: tf' /V~:: MAYOR/CHAIRMAN (SEAL) ATTEST: DANNY 1. KOLHAGE, Clerk ~")k ( l ~.\() Bic~""-- ,!N . CLER ( " ci..~.~~~I2~ DE 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. Page of" 5 ";".,>: 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. Page 2 of 5 . . t <: ~ ,:, ." .' 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 Page 3 of 5 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: 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: MONROR By: Its Agent for this Purpose Attest: City of: Bv: Its Agent for this Purpose ~,~~ (~YvJ~~ UU-~ 1- DNR Attornev Effective Date Approved as to Form and Legality /",1 ''it:' '0 ~~c~~~~_~4 ./"2, Id!"'f1~/ ," "" '(;I{,C I --- Page 5 of 5