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-/
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~-\ ~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:
. ~ ~~..
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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 --"
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~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
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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
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7.
Signature:
Date:
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16402.57
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117.57
120.00
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Keevan and Son, Inc.
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4. ~y:e a::d Stat~s of ~eq~=ed :?e~i':s, ~as~e!'l.-:s or ~e2.ses
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Coast Guard
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(previous)
5. ~e~~i=ed Attac~~ents
a.
vic:.::..i.ty map
enclosed
b.
site development plan
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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
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