Resolution 515-1988
Director Extension Services
RESOLUTION NO. 515 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR/CHAIRMAN OF THE BOARD 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, FLORIDA
CONCERNING THE PROJECT KNOWN AS TAVERNIER
CREEK DAYMARKER REPAIR
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 Florida Department of Natural Resources and
the County of Monroe, a copy of same being attached hereto,
concerning the project known as Tavernier Creek Daymarker Repair,
Tavernier, 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 4th day of October, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By / I 1.L1 -""~
Mayor Chairman
(Seal)
Attest :PANNY L. KOLHAGE, Clerk
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APPR~V.
AND LE L
BY .
Attorney's Office
STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA BOATING IMPROVEMENT PROGRAM
DEVELOPMENT PROJECT AGREEMENT
Contract
No. (! -55~ ~
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 16D-5,
Part III, Florida Administrative Code.
2. The COUNTY agrees to implement the recreational boating
improvement project known as Tavernier Creek Daymarkers Repairs
(FBIP Project No. B88019), in accordance with the following project
elements which may be modified with due notice and good cause shown
to the DEPARTMENT:
Repair existing daymarkers at Tavernier Creek.
..
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 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 DEPARTMENT had the funds not been
disbursed.
5. The DEPARTMENT agrees to obligate and make available to the
COUNTY the approved project amount of $4,124.45 to be used for the
project authorized by this Agreement. The funds will be released by
the DEPARTMENT in installments, unless advanced payments are
provided for in paragraph #20. 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
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the Agreement with the exception of $4,124.45 for the following
specific expenditures: Repair existing daymarkers at Tavernier
Creek.
6. Eligible and ineligible costs are established in Chapter
16A-11 and Chapter 16D-5, Part III Florida Administrative Code.
7. Payment request and expenditure documentation shall be
submitted in accordance with the DEPARTMENT's Grant and Contract
Accountability Policy (Chapter 16A-11, F.A.C.). The Project Manager
shall, within ninety (90) 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 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 Agreement 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 Agreement 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.
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12. The COUNTY agrees that the project, when completed, will
be operated and maintained in a satisfactory condition for public
recreational boating purposes for 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 plus
interest in the amount which would have accrued to the DEPARTMENT
had the funds not been disbursed, in the event the project becomes
utilized for other than public recreational boating purposes during
this period. For any public facilities, the 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.
13. 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'S obligations contained
herein to construct, operate and maintain the project.
14. Linda Reeves, Grants Specialist or her successor, is hereby
designated as the DEPARTMENT'S Project Manager for the purpose of
this 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 Agreement, to act on behalf of the COUNTY
relative to the provisions of the Agreement. The COUNTY'S 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.
15. The DEPARTMENT'S performance and obligation to pay under
this Agreement is contingent upon an annual appropriation by the
Legislature.
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16. (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 Agreement 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 with the COUNTY being held liable for
reimbursement of appropriated funds provided
through the Agreement plus interest.
17. It shall be the responsibility of the COUNTY to secure all
required permits.
18. 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 law.
19. The Agreement shall become effective on the date of the
signature of the Division Director or his designee of the
DEPARTMENT.
20. The COUNTY and the DEPARTMENT mutually agree to the
following special terms and conditions incorporated as part of this
Agreement: N/A
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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.
DEPARTMENT OF NATURAL RESOURCES
Attest:
By:
Ney C.Landrum, Director
Division of Recreation and Parks
Date:
Attest:
COUNTY of: Monroe
By:
Date:
Attest:
~~~~
DNR Project Manager
q~b~tor
Approved as to
Form and Legality
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DNR Attorney
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