Resolution 080-1987
Jeff Fisher, Director
Extension Services
RESOLUTION NO. 080 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS 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 THE BOARD OF COUNTY COMMIS-
SIONERS CONCERNING THE PROJECT KNOWN AS KEY
LARGO NATIONAL MARINE SANCTUARY REEF MARKERS,
KEY LARGO NATIONAL MARINE SANCTUARY, MONROE
COUNTY, FLORIDA.
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 proj ect known as Key Largo National Marine Sanctuary Reef
Markers, Key Largo National Marine Sanctuary, 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 20th day of January, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
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AGREEMENT NO:
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
FLORIDA BOATING IMPROVEMENT PROGRAM
DEVELOPMENT PROJECT AGREEMENT
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 an approved
recreational boating project, hereby agree to the following
terms and conditions:
1. This agreement shall be performed in accordance with
Chapter 327.28, Florida Statutes, and Chapter l6D-5, Part III,
Florida Administrative Code.
2. The COUNTY agrees to' implement the recreational boating
improvement project known as
Key Largo Reef Markers
(FBIP proj ect No. B86023
), and as described in the project
application approved by the DEPARTMENT and attached to this agreement
as EXHIBIT A.
3. The COUNTY agrees to begin the project on or before
.
March 15, 1987
, and complete the project on or before
March 15. 1988 If the project is not begun by the
specified date. the COlmTY agrees to return to the DEPARTMENT
any unexpended funds which may have been advanced to the COUNTY
including any interest accrued on the funds while in the possession
of the COUNTY. If the project is not completed by the specified
date, the DEPARTMENT may withhold further payments, and deny any
further requests for project approvals until the project has been
completed.
4. The COUNTY shall provide the DEPARTMENT quarterly progress
reports on the project, specifying the percentage of completion of
each project element.
5. The DEPARTMENT agrees to obligate and make available to
the COUNTY the approved project amount of $ 17 7% L.Q to be
,
used for the project authorized by this agreement. The funds will
be released by the DEPARTMENT in installments and upon request by
the COUNTY.
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6. Payment request and expenditure documentation shall be
submitted in accordance with the FBIP Grants Accountability Policy
attached to and made a part of this'agree~ent as EXHIBIT B.
The DEPARTMENT may withhold requested installments if previously
released funds have not been properly expended.
7. 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 $ 300.00 for the following: Bid advertisements
8. The COUNTY agrees that the project when completed will
be operated and maintained in satisfactory condition for public
recreational boating purposes for twenty five (25) years from the
date of project completion. The COUNTY further agrees to return
to the DEPARTMENT all funds tendered for the project in the event
the project be~omes utilized for other than boating related
purposes during this period.
9. 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.
10. If it becomes necessary for the DEPARTMENT to demand a
refund of any or all funds tendered pursuant to Paragraph 5 of
this agreement, the COUNTY agrees to return said funds to the
DEPARTMENT within sixty (60) days. If not returned within sixty
days, the COUNTY understands and agrees that any further COUNTY
requests for funding from the DEPARTMENT shall be denied until
the funds have been returned.
11. The DEPARTMENT reserves the right to inspect the project
as well as the right to audit any and all financial records
pertaining to this 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
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or other material made or receiveo in conjunction with the contract
pursuant to the provisions of Chapter 119, Florida Statutes.
12. For any year in which this contract extends beyond the
end of the DEPARTMENT fiscal year (June 30), performance by the
DEPARTMENT under this contract shall be subject to and contingent
upon the availability of monies lawfully appropriated to the
DEPARTMENT for the purpose of this contract and program.
13. The COUNTY agrees to hold the DEPARTMENT harmless from
any liability or claim that may result from the implementation of
the project or from alleged negligence in maintenance or operation,
to the extent allowed by law.
14. If at any time a user fee system is implemented for any
of the facilities funded under the Florida Boating Improvement
Program, such fees shall be imposed unformly, regardless of the
political jurisdiction in which the user may reside.
15. For the purpose of this contract,
Chrys Sullivan,
Grants specialist-, or successor is designated as the DEPARTMENT
Contract Manager and shall be responsible for insuring contract
performance, approving all payments prior to payment, and
serving as liaison with the COUNTY.
16. The following special terms and conditions are included
in this agreement: Within 60 days after receipt of payment request,
the Contract Manager shall delegate to DNR staff any required site
inspections to examine work accomplished, and shall review submitted
project documentation and, if complete and in order, approve the
request for payment.
17. This agreement shall become effective on the date of
signature by the Executive Director of the DEPARTMENT or his
assignee.
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IN WITNESS THERETO, the parties hereto have caused these
presents to be executed by the officer or agents thereunton law-
fully authorized.
EXECUTIVE BOARD OF THE
DEPARTMENT OF NATURAL RESOURCES
Attest:
By:
Elton J. Gissendanner
Executive Director
Its Agent for this Purpose
Effective Date:
BOARD OF COUNTY COMMISSIONERS
Attest:
By:
Its Agent for this Purpose
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Manager
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DNR Contract Adm~nistrator
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