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Resolution 683-1988 Peter J. Horton, A.C.A. Division of Community Service RESOLUTION NO. 683 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT AGREEMENT CONTRACT NO. C-5689 BETWEEN THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES AND THE COUNTY OF MONROE CONCERNING THE PROJECT KNOWN AS SUMMERLAND KEY AND KEMP CHANNEL MARKERS REPAIRS. 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 Florida Boating Improvement Program Development Proj ect Agreement Contract No. C-5689 between the State of Florida Department of Natural Resources and the County of Monroe, a copy of same being attached hereto and made a part hereof, concerning the project known as Summerland Key and Kemp 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 20th day of December, A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY, ,:IJi1~~ MAYOR! (Seal) Attest: DANNY L. KOLHAGE, Clerk ..QJ~ fJ~~JfM' APPROVED AS TO POIIM AND LEGAL SUFFICIENCY. "-.j ~ 8Y \l.).~ A e.,. OIfice ZZ: 6'd Bl 330 89. a~OJ3a tiD:1 0311:1 STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT AGREEMENT . I Contract NO.C -510 fj 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 ter.ms and conditions: 1. This Agreement shall be performed in accordance with Chapter 327.28, Florida Statutes, and Chapters 16A-ll and 16D~S, Part III, Florida Administrative Code. 2. The COUNTY agrees to implement the recreational boating improvement project known as Summer land Key and Kemp Channel Markers Repairs (FBIP Project No. B88031), in accordance with the fOllowing project elements which may be modified with due notice and good cause shown to the DEPARTMENT: Repair and replacement channel markers :~ 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 the execution date. If the project is not completed withir .is time, the DEPARTMENT shall withhold further payment anr .1Y any further request for project ,~ ! approvals until the pro~ ,4as been completed. 4. If the COW" ,~eives advanced funds and the project is not started w" _u 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. s. Th~ DEPARTMENT agrees to obligate and make available to the COUNTY the approved project amount of $17,876.34 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 '-\0. Page 1 of 5 I, 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 $0 for the following specific expenditures: N/A 6. Eligible and ineligible costs are established in Chapter 16A-11 and Chapter 16D-S, 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 tr3 right to inspect the project as well as the right to audit - pertaining to the project a+ .1d all financial records reasonable time. This Agreement can be unilaterally canr DY the DEPARTMENT should the COUNTY , refuse to allow pubJ' ~ss to all documents, papers, letters or other material ~. _eceived in conjunction with the Agreement pursuant to tt _ Jvisions of Chapter 119, Florida Statutes. 10. If Decomes necessary for the DEPARTMENT to demand a refund of ..ly or all funds tendered pursuant to this Agreement, the .1 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. ..t. i f Page 2 of 5 - nIl'1lUIIIII....n~. ,.....~ ..._ .._...."...;.Oi...,1 -........,.A:_ t____rlr1"....,""~ ~. ;;)]IlI..'...1.... 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. The COUNTY agrees that the project, when completed, willbe 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 nam,e 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. lit" Page 3 of 5 15. The DEPARTMENT'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 16. (a) Any asphalt paving shall conform with the Florida . I 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: None t. '100 ~ 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. Attest: Attest: Attest: ~(~ DNR Project Manager ~~t!!J Approved as to Form and Legality ~~~.~~~ ~ DHR Attornp" DEPARTMENT OF NATURAL RESOURCES By: Ney C. Landrum, Director Division of Recreation and Parks Date: COUNTY of: Monroe By: Date: APPROVEDAS TO"" AND LEGAL SUFFIC!E1W:r. BY ~n~ AttOMe . OIlice Page 5 of 5 .' ;;to'