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Resolution 180-1988 Jeff Fisher, Extension Director Boating Improvement Fund Liaison RESOLUTION NO. 180 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- sIoNERs OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A STATE OF FLORIDA DEPARTMENT OF NATURAL RE- SOURCES FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT AGREEMENT (CONTRACT NO. C5203), BETWEEN THE DEPARTMENT OF NATURAL RESOURCES AND MONROE COUNTY, PERTAINING TO COW KEY AND LAKES CHANNEL MARKERS REPAIRS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby authorizes the Mayor/Chairman of the Board to execute a State of Florida Department of Natural Resources Florida Boating Improvement Program Development Project Agreement (Contract No. C5203) between the Department of Natural Resources and Monroe County, a copy of same being attached hereto, pertaining to Cow Key and Lakes Channel Markers Repairs. 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 April, A. D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA /J ~ '7 ./-,.'- /! By ~r71?:f'~~1 ,b/ Mayor/Chairman (Seal) Attest :DANNY L. KOLHAGE, Clerk .:::~tJl~~~ })C-/ ", ~-\ ~r r)F FLORIDA DEPARTtvlENT OF NATURAL RESn\JRCE5 FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PRQJECT AGREEMENT Contract No. C5203 JDe State of Florida Department of Natural Resources, hereinafter referred to as the DEPARTMENT, and Monroe County hereinafter referred to as the COUNTY, in pursuance ot a recreational boating project approved under the ~lorida Boating Improvement Program (FBIP>, hereby agree to the followlng terms and conditions: 1. lhis agreement shall be performed in accordance with Chapte~ 327.28, Florida Statutes, and Chapters 16A-11 and 16D-5, Part III, Florida Administrative Code. 2. The COUNTY agrees to implement the recreatipnal boating improvement project known as Cow Key and Lakes Channel Markes Repairs (F--B I P Pro j ec t No. B88007 ), in accordance with the following project elements which may be modified with due notice and good cause shown to the DEPARTMENT: Repair Channel Markers 3. The COUNTY agrees to begin the project within six months a~ter 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 ~ntil the project has been CO'?~ ,_J_r completed. ~.., . 4. If the County receives advanced funds and the project is not started within 90 days of receipt, the County shall return to the Department all advanced funds plus interest in the amount which would have accrued to the trust fund had the funds not been dlsbursed. ~. lhe DEPARTMENT agrees to obligate and make available to the CUUN1Y the approved project amount of $ 6,402.57 to be used tor the project authorized by this agreement. Ihe funds will be released by the DEPAR1MENT in installments, unless advanced pursuant to the provision of paragraph #21. The DEPARTMENT and CUUN1"Y 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 ot <j, 6.402.57 tor the following specific expenditures: Emergency repair of channel markEfJ"Sge 1 OT- ~ b. ~liqlble and lneligible costs are established ln Chapter lbA-l1 and Chapter 16D-~, Part III rl~rida Adminlstratlve Code. , -- I. Payment request and expenditure documentation shall be submitted - ln accordance with the Department's Grants Accountability Policy (Chapter 16A-ll, F.A.C.). The Project Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date on the project and, if in order, approve the request tor payment. lhe DEPARTMENT shall retain 10Y. of grant amount until completion of the project. 8. The County shall retain all records supportin9 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 litiqation, claim, or audit that started prior to the expiration ot the three-year record retention period. 9. The DEPARTM~Nl reserves the right to inspect the project as well as the ri9ht to audit any and all financial records pertaininq to the project at any reasonable time. This contract can be unilaterally cancelled by the D~PARTMENT should the COUNTY refuse to allow public access to all documents, papers, letters or other material made or recelved ln conjunction with the contract pursuant to the provisions of Chapter 119, Florida ~tatutes. 10. If it becomes necessary for the DEPARTMENT to demand a refund of any or all funds tendered pursuant to this agreement, the COUNTY interest in the amount which would have accrued to the trust fund had_~ the tunds not been disbursed. If not returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for tundlng as to this or any other project under the DePARTMENT administration shall be denied until the funds have been returned. 11. Followinq receipt of an audit report identifyinq any reimbursement due the DEPARTMENT, the COUNTY will be allowed a maximum of sixty (~O) days to submit additional documentation to offset the amount identified, or to return the amount due. Paqe 2 of 5 12. The CUUNfY aqrees that the project, when completed, will be - .~ operated and maintained in a satisfactory condition for public recreational boatinq purposes for a minimum twenty five (2~) years trom - the date of project completion. The COUNTY further aqrees to return to the DEPARTMENT funds tendered for the project plus interest in the amount which would have accrued to the trust fund had the funds not been disbursed. In the event the project becomes utilized for other than public recreational boatinq purposes durinq this period. F-or any public facilities, the CUUNI'Y aqree to impose such fees uniformly amonq the users reqardless of race, sex, aqe, reliqion or other condition or the political 1urisdiction in which the user may reside. 1~. The COUNTY aqrees to save and hold harmless the DEPARTMENT, its officers, aqents, and employees from any and all liabilities, claims, actions, damaqes, awards and judqements to the extent allowed by law, arisinq from the COUNI"Y obliqations contained herein to construct, operate and maintain the project. 14. Linda Reeves, Grants Specialist or her successor, is hereby desiqnated as the DEPARTMENT'S Project Manaqer for the purpose of this ~roject Aqreement and shall be responsible for ensurinq performance of its terms and conditions and shall approve all reimbursement reouests prior to payment. The COUNTY shall appoint a Liaison Aqent, whose name and title shall be submitted to the DEPARTMENT upon execution of the ~roject Aqreement, to act on behalf of the COUNTY relative to the' ,.,~ ..::t:.. provisions of the Project Aqreement. .. The COUNTY Liaison Aqent shall submit to the D~PARTMENT siqned project status reports every sixty (60) days summarizinq the work accomplished, problems encountered, percentaqe of completion and other appropriate information. ~hotoqraphs shall be submitted when appropriate to reflect the work accomplished. 1~. lhe D~PARTMENT'S performance and obliqation to pay under this contract is continqent upon an annual appropriation by the Leqlslature. 16. ( a) Any asphalt pavinq shall conform with the Florida Department of Transportation's specifications tor road and bridqe construction. Bid specifications, contracts and/or purchase orders must specify thickness of asphalt and square yards to be paved. Paoe 3 of- :, \b) .the aQreement does not constitute consent by the Department to conduct dredq1nq operations without first obtaininQ all necessary local and ~tate permits for said dredQinq activity includinq permission from the Board of lrustees of the Internal Improvement lrust rund. Any violations resultinQ from improper/illegal dredginq operations may result in automatic termination of the Aqreement by the Department with the County beinq held liable for reimbursement of appropriated funds provided throuqh the aqreement plus interest. 17. It shall be the responsibility of the COUNTY to secure all required permits. lb. The COUNTY shall insure that all purchases of qoods and services for the accomplishment of the project shall be secured in accordance with the provisions of the law. 1~. The aqreement shall become effective on the date of the sionature of the division Director or his desiqnee of the department. 20. The COUNTY and the DEPARTMENT mutually agree to the followinq special terms and conditions incorporated as part of this Project Aoreement: . ~ ~~.. '.., ..,C"..'" r'aQe 4 of :, :NW:TNESS ~ ~o be exe=u~ec ~y ---o~. ~ne oar~ies nereto nave =ausec use presents ~,,-=: c"f"fi=er and agen":s ~rtereun~o law1___, aLtt:n:lr:.:ze:::. EXECUiJVE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES Attest: Approved By: Ney C. Lanorum, Dire=,,:or Division of Recrea~ion and Parks Date of Execution At t est: DANNY L. KOLHAGE, Clerk CDUNTY OJ'. j . Monroe - 'ShlCO Bu>~ -bG By: /2 --" / /"1 ~ ~7?7:f2J&L/~1 }ts Hgent for ~nis Purpose ~ Date of Execution # - 2- 2,.. - ~ i' A~te5~: APPR D AS TO FOaM AND EG~LSUFRC~NC~ I / BY -'~ ~~- Attorney's Office ~J' ~D~ DNR Project Manager ~2~~~,oc DNR Attorney Effe=tive DaO:E Aoproved 25 to Form and Le9ali~y -c~= __ ~', ~ STATE OF FLORIDA DEP.~TMENT OF NATUR:'..L RESOURCES Florida Boating Improvement Program Project Application Project Identification 1. Types of Project: Acquisition Development x Plnnning Launch Site New For Office Use Only Docking Facility Expans ion Date Received Project Nu.wer Channel Marking x Renovation Other (specify) County 2. Project Title: Channel marker repair at Cow Key and Boca Grande 3. Project Location: Cow Key, Stock Island and Lakes Channel at Boca Grande 4. Brief Description of Project: repair channel markers 5. Grant Requested: $ 6402.57 Source of Other Funds: $ -0- Estimated Total Project Cost $ 6402.57 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 County Commissioners Address: Board of County Commission P. O. Box 2545 Key West, FL 33045 Phone No. 305/2944641 x 160 f# il~~ ?Vvv? /1, fUl 7. Signature: Date: '\ " S:'.:;'~::: C~ =!.02:~~ DE? .;"8.T:'1E~I~ OF ~I;''l'L?A.: ?.ESOC?.C:::S ?l.==.:.::.a 3oa-:.:.::c; i-~-~".::l~ 0"""';'" _....:"'_ '-J , _.._... \,.,. :? ::':lC;::-a."':1 P=o~ec~ A==l~~2~~cn - : 0 = : e\.e 1:: ?r::e:1-:' , - . C:~r:: e= s:::.? ,... - '-'- - . . ~:'-:'2: =o2ce=2.: St.3.~2 x ~~C2..:' 2. ~c~~: ~5~~at2c C~st: $ 6500.00 3. ~::.~ e a::c ~S~~~-:8C Cos~ of :?::-:::::csec Ce'le 10::;::-.e:::: (3y ;.~ ~ ... ~ _..._ .-1 . Co:: t:""'"lce!'l.cv - ~ I".,~....~, - . - - ~-- , IKeynoter ~ev West Citizen \Reporter I (10% ffiaxi.:r.un) I I I I 16402.57 65.00 117.57 120.00 ':'-....~-;::-o,.; I -.;:) ---.- --- I I I I , I I I I Cas': Facil.i':v I Q~~,:i':y a!:c Uni': of S~eci=:.r ~To. a..",:c/or ,;.!e 2.S 1..:.= e ?ee~ epair ~mergency removal IFrank IFrank Keevan and Son, Inc. Keevan and Son, Inc. 5300 800 4. ~y:e a::d Stat~s of ~eq~=ed :?e~i':s, ~as~e!'l.-:s or ~e2.ses T"ne : Coast Guard S ta ~::s OK (previous) 5. ~e~~i=ed Attac~~ents a. vic:.::..i.ty map enclosed b. site development plan NA c. copies of" re~-lired per::ti ts I stati~g none are required easa~ents or leases or let-:ers' "enclosed d. croof of countY/local owne::-shi~ or o~~er =o~ of site ccn::rol ~ . - e. pre-constr-..:.ction certifica t.icn (if applicable) enclosed # *UNITS include: Boat Ram~ Floar;ing Dock Permanent Dock Sli~s Hoists Rest Rooms Parking ~aterway Signs (Safety, Reg., Info., Channell Navagational ~arkinqs Dredging Nav. Channels Utilities (Sewer, Elect.;'later) Landscaping Access Roads Lighting c~;:'. "....., ,","'- ""I _ - \J ..':' .: .,