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Resolution 209-1984 ;:: Jeff Fisher Extension Service Office RESOLUTION NO. 209-1984 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE THE FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT AGREEMENT BY AND BETWEEN MONROE COUNTY, FLORIDA, AND THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES CONCERNING LAKES CHANNEL MARKER BOATING IMPROVEMENT PROJECT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute the Florida Boating Improvement Program Development Project Agreement by and between Monroe County, Florida, and the State of Florida Department of Natural Resources, a copy of same being attached hereto, concerning Lakes Channel Marker Boating Improvement project. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 27th day of July, A.D. 1984. BOARD OF~OUNTY COMMISSIONERS OF ~~E COUNTy.~R. IDA 'ti~ _~~ By^_.___ _--- Chairman (Seal) Attest : DANNY L. KOLHACE, Clerk /'.. /) /. (/'. J , /, if \..~,: .. p y / . /f/L, -1..;'~_~i2 ,'71"~~-,-c..c"X-a/ ,- J(/' _; ./ er .- / BY DHR AGREEMENT NO CJ.,;;"~() 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 Count~ , hereinafter referred to as-the COliNTY, in pursuance of an approved recreatibnal 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 16D-5, Part III, Florida Administrative Code. 2. The COUNTY agrees to implement ~he recreational boating improvement project known as Lakes Channel. Markers (FBIP Project No.. B84051 ), and as described in the project. . application approved by the DEPARTMENT and attached to this agreement as EXHI:eIT A. 3. The COUNTY agrees to begin the project on or before AclCT.25, 1984 June 25, 1985 , and complete the project on or before If the project is not begun by the specified date, the COUNTY 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. Tne 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 $ 9.317.24 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. Page 1 of 4 ..... "/' f'; ,:j ) l- .. , -",J f....:.. 11 t i ~. ,. .i r I ] i I 1 ,j j I l ! 6. Payment ~equest and expenditure documentation shall be submitted in accordance with the FBIP Grants Accountability Policy attached to and made a. part of this agreement 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 $ o for the following: N/A 8. The COUNTY agrees that the project when completed will be operated and maintained in satisfactory ~ondition for public recreational boating purposes for twenty five (25) years froID.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 becomes 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 untii 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 Page 2 of 4 ,.r :~ J' ! 1 j J j ~ i 1 I or other material made or received 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 DEPARTME~T 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. Xhe 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 ISpecialist, 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 conduct, or delegate to DNR staff an . d . ' . . , y requ~ re s~te ~nspect~ons to examine work accomplished review submitted project documentation and, if compl~te 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. Page 3 of 4 .../ -. f :: ~^ J ~r r I' ~ 'M ~ ]1 t J t ~ . If . ~ .. ... J J ~ ! ~ L J I IN WITNESS THERETO, the parties hereto have caused these presents to be executed by the officer or agents thereunto lawfully authorized. . . EXECUTIVE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES Attest: By: Elton J. Gissendanner Executive Director Its Agent for this Purpose BOARD OF COUNTY COMMISSIONERS Attest: .MA' . .'J. _./ ... ~ :/::~~~ / By: A!/ / Its Agent for this Purpose Effective Date: cI~./ jAdl~i:l4'C DNR gbntract Manager , 1L-~~~~ D R Contract Administr tor ~b~. d9~~~:~ DNR Attorney / ,! Page 4 of 4 ~ / / /. i -. , t, i; r ~i fi ~ J ~ 4 . ...;, J .~ > I J ~ j , j ~ .~ i !' ~ ... STATE OF FLORIDA' DEP2\?THENT OF ~1ATURAL RESOURCES F~orida Boating Improvement Program Project Application ~roject Identification 1. Types of Project: Acquisition Development Launch Site New x Planning For OfRi-€= ~sE PnJ-::[ D Docking Facility Expansion Date Received ---.:.- JUN 19 1984 Project Number OttiHoW~reiltion Servic~:i Channel Marking x Renoyation . Other (specify) County 2. Project Title: Lakes Channel Markers 3. Project Location: Key West to Boca Grande Key Gulfside 4. Brief Description of Project: Boca Grande Key in so"-Cc.llcd "Lakes" region install channel markers from'Key West to 5. 9317.24 Grant Requested: $ Source of Other Funds: $ o Estimated Total Project Cost $ 9317.24 6. Applicant Identification: Applicant County: Monroe Located in City of: Key West Liaison Agent : Jeffrey A. Fisher Appointed Representative of Monroe Name of County of County Commissioners Address: Cooperative Extension Service P. O. Box 2545 Key West, FL 33045~2545 Phone No. 305/296-9786., /T).~,L~, -IJ q~~fl<, ,/ Z,/ 5- f (; - .1:/V / 7. Signature: Date: (if applicable) County, Board . . ~ ~! cJ // . "Ai'" ~. ...a ..,,~; 't~"A~ .. -" .,... ... s~~~~.::: 0..: ?:S02-=~.':' ;""j! .::.. DE? A..~T:'E:~i:=' OF ~iATu?.\.:. ?2S0G?C:::S ., :t';~ 'i.'(..,;~.,...... ~. ,'"'~ .. ,'-:,<"{ I ?10=~2a 30a~i~g L~?=ov~~e~~ ?=og=~~ ?=o~ec~ A821i2at~0r. - :0= C'eveloE=~e~-:. ~ - . ~;~e=s~ip 0= S~~2: :22e=21 St2~e X ~9 '.:,,:/ ., -. ~--~1 ~-~~~ar~~ C-s~' -...., --- -~ '----.- --- ......- '-. :c C2.': $ 9317.24 J. ::~e a~c 2St~2~2C Cos~ of ?=09ose~ Cevelo9~2~t (2y .. '. j ..., - L' .._ ... I ~:>c~~.;"'v .. - ----- QU~~tity and Ur.i: of Specify No. 2o::c./or .:.1e2oS1.1.:"2 I ?eec I ! I I I I ~I I 2.s-:i...~a ~sd I Frank Keevan & install 8 daymarkers Cost .. L r.nnt'r:l('rnr I~ [Keynoter [K.ey West Citizen. [Reporter I CO~ t:.:...-:c;ency II.........:> ; - - '--- 8977.00 37,50 152.74 ~ ( 1 0 '% ma.:d..T. Ul:1 ) 4. ~'r.:e a~c Stat~s of ~eoui=ed ?e~its, 3as~en~s 0= ~2ases 9317.24 ~'? e : Coast Guard Scat'1s approved 5. ~e~~i=ed Actac~~ents a. vicinity ffia? included b. site c.evelopment plan NA c. copies of requ.ired per::ti ts I stati~g none are required eas~~ents or leases or lect:ers included . . C. P=oof.of cOUnty/local owne=ship 0= o~~e= fo~ 0= site Ccnt=ol NA e. Pre-construction certificat:icn (if applicable) included . *UNITS include: Boat Ra~p Floating Dock Permanent DOck Slips Hoists Rest Roo~s Parkinq Wacerway Signs (Safety, Reg., Info.. Channell Navaqational ~arkings Dredging Nav. Channels Uti 1 i tie s ( Sewer, E 1 e ct. /; ate r ) Landscaping ...1ccess Roads Lighting ..